Unwed mother,child has my last name and father is not on birth certificate. Do I still have to file for sole custody?

Asked over 1 year ago - Jamaica, NY

Ive read all the rights he has but what are mine?

Attorney answers (3)

  1. Marco Caviglia

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . As there is no other "known" parent, you would seem to have sole custody. If dad wants a say, including visitation, unless you and he acknowledge paternity, he will have to undergo a DNA test. Once done, he can contest the status of your sole custody. However, if you want to short circuit this, you would start the action against him, which you might consider doing only if he wants to walk away. Also, there is the child support issue and whether you want to actively seek it. Consult a local Family Law attorney to discuss this and other alternatives you may have.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  2. Edwin Drantivy

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . You probably have custody just due to his absence on the certificate, however, you can never be sure unless a Family Court judge/magistrate awards it to you after you properly file and serve a Petition for Custody. It is not recommended to file petitions without an attorney. The father maintains the right to file and serve a Petition for Visitation, as well. You maintain the right to file and serve a Petition for Child Support.

  3. David Ivan Bliven

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you know who the father is, then whether his name is on the birth certificate or not doesn't mean he's "not the father." You have a right to file a petition for a custody order in Family Court as well as a right to seek child support. You should further consult a Family Law attorney in your area.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,010 answers this week

2,930 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,010 answers this week

2,930 attorneys answering