You would have to go to court and get a court order. You need to speak to a family law attorney to see if you have sufficient grounds to do so. You may also wish to speak to an immigration attorney, because I believe that the father is under a misapprehension that having his son live with him will qualify him for a green card. I do some immigration law, and I am not aware of any basis for adjustment predicated on having a minor US citizen child living with you.
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Consult with an exoerienced family law attorney to help you. You will need to show that the father is not qualified to have custody and you are a resource. The fsther being untruthful is helpful. Write up a history of the. Father and the relationship with the child which will be useful to your lawyer.
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If the boy is a US citizen ... this is not an immigration question and you should consult a family law attorney..
If the boy is not a US citizen, you should consult an immigration attorney immediately.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
More details are needed to adequately assess your situation - for instance whether the child already resides with you and if so, for how long. You ultimately would need to prove that the father has either legally abandoned the child or persistently neglected him. I'd also advise the carrot-and-stick approach - advise the mother to file a violation case against him and look to cut a deal on that case if he agrees to custody/guardianship to you. In any event, you should schedule a consultation with a NYC Child Custody attorney for a full assessment.
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