Child Custody/Establishing Sole Custody
6 attorney answers
Please speak to an attorney. Right now he has no parental rights. However nothing can stop him from filing and trying to have access. You will need an attorney to help you if that happens. Best of Luck.
Your first step is to find a lawyer in New York. I understand there may be one or two available to speak with you. That person will help you with determining what your options and rights and explain to you whatever procedures are involved with each of those options. Good luck to your daughter and you.
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Unfortunately in your situation, only the state can "ensure" he has no parental rights. That said, unlike unmarried mothers, unmarried fathers must take specific legal steps to establish ANY parental rights. In New York, that means the biological father must have signed an Acknowledgment of Paternity. If he didn't do this 5 years ago and he hasn't done it yet, then you MAY be able to prevent him from ever establishing legal paternity. I suggest you arrange for a confidential consultation with a local attorney so you can fully discuss all the details of your situation and have all your rights and options explained to you. Little things can compromise your options, so the sooner you see an attorney the better. Good luck!
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You should file for adoption. If the biological father has not had any substantial contact with the child for more than 6 months, you should be successful. Call a NYC Family Law attorney to schedule a consult.
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You cannot. All he has to do is file a paternity petition in family court and serve it upon you. In court, he'll demand a paternity test and get it. He'll come back with a 99.9% certainty of paternity and an order of filiation will be the result. With this, he'll file a visitation petition and you'll have your ex back at your door every other Friday and Sunday evening, holidays and vacations.
An issue arises as to the wishes of the child. Such a young child will have little say about the ex's visits. In the typical proceeding, a child of such years will be bundled up and given to the ex. Another issue is his disappearance which he will rebut by saying you hid the child. That argument will go nowhere for either side.
We tell you to see a lawyer. Many of us offer free consultations. The central issue is whether he can stir up the old pot and the answer is yes. He can use the court system to ruin your relationship with your new love. Depending upon how psycho he goes, your new love will end sooner or later. The child will be conflicted and eventually question how did all this happen. The court will offer therapeutic intervention for you and the child to deal with all this. We will cost money.
I agree with all of my colleagues, especially regarding retaining an attorney. The only other thing that I would add is that if you want to cut the father out completely, the only private option is to have the child adopted by another person who would the be father. Considering the long time that the father has had no contact, simple notice would be sufficient for the court. Moreover, since the father is not even on the birth certificate, that may not even be required.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
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