His child's mother is allows a woman convicted of child abuse to have unsupervised contact with the child and this woman can't have contact with children under 16 because of that charge. She fails to change his diapers and often fails to provide a clean environment. My son does visit every day after school and on the weekends which has been going on since he was born. He is not legally the father. The child is 1.
If your son believes the current custody arrangement is not sufficient, then he can go to court and petition for increased visitation and/or for full custody. Obviously, because of his age, you'll have to be part of the action. Now you state he is not legally the father, which I suppose means he's not on the birth certificate. In order for him to enforce his rights, he will have to own up to his obligations, and be recognized as the father.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Stewart & Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - [email protected]
As a Brooklyn family law attorney very well familiar with situations involving paternity, foster care, parental rights, etc., I can tell you: if your son's child is in foster care, HE MUST TAKE IMMEDIATE ACTION or he may lose this child forever! First, if he is not the "legal" father, he has no right to object to an adoption. Second, if the child is in foster care for a total of 15 months, steps may be taken to terminate the mother's parental rights and then the child will be adopted. Also, after the child is in foster care for 15 months, it will be too late for the father to stop an adoption even if he then proves paternity and claims to be the "legal" father. If the child is with you, even if you are the paternal grandparent, without your son first establishing legal paternity, your rights to retain custody of the child are tenuous at best. Thus, I strongly recommend you contact an attorney immediately. Do not wait! You can find attorney contact info below or by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
I don't know what you mean by "Not legally the father." Is he the father biologically? There is a misperception out there that, by not putting a father on a birth certificate, the mother retains all the rights to the child. I am not licensed in New York, but I do not find that to be the case at all.
Your son should file a custody Petition, and perhaps a petition for paternity (the two may be able to be filed at the same time). Until there is a custody order in place he may have difficulty enforcing the rights he does have. The court may issue a temporary order to govern until there's a final order in place, depending on the law in your state.
Filing a custody order does not mean he's trying to take the child away from its mother, but that he wants to establish himself legally as the child's father, and have an order that outlines his rights regarding decision making and contact with the child.
Based on my experience as a mom of 16 year olds, he should probably discuss all of this with a lawyer. He may listen to a lawyer in ways he may not listen to you, and he may believe what he hears from a lawyer more than from you.
I can't tell if you're saying that the mother is convicted of child abuse, or if she is leaving the child with someone convicted of child abuse. In either case, your son should discuss this with a lawyer as well.
At a minimum, he should take steps to establish paternity.
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