Legal Question in Family Law in New York

Rights of biological father

The biological father must first have "standing" or a legal right to have visitation and/or custody. For this to occur unless there has already been a legal determination that he is the father , ( court order ) then in order for him to get standing, he would have to file a paternity petition. If there already is an order of child support then this would have occured. Generally when a situation like this occurs there may be a limited or supervised visitation order issued by the court. The fact that there has been no visitation or relationship of great importance and his rights must be balanced against those of what is best for the child. Typically an attorney may be appointed for the child who will investigate the matter and advocate what is felt as being best for he child. As to never having paid child support it is generally not relevant to visitation. In the event a paternity petition is filed you may wish to explore if there is a way for you to get support back to the time of the birth ( medical costs etc). This is not intended to be legal counsel nor the creation of an attorney/client relationship. I would suggest you consult a local attorney who can give you better guidance based on specfics which are not known.

absent father's rights after 6 years

There is no substitute for good legal advice, based upon your individual circumstances. I urge you to consult with a good lawyer in your area regarding the specifics of your situation. In the meantime, here are some general principles to be aware of:

There is a strong prejudice in our law in favor of allowing a child to have a relationship with both biological parents, absent some extenuating circumstances. The fact that your child's bio dad has never paid any child support or attempted to see the child may or may not indicate an intention to abandon the child; there are many factors to consider.

You don't say what parental rights the bio-dad is seeking, but some visitation would not be unusual.

The fact that your child has no interest in spending time with her bio dad now is most likely irrelevant. Courts are not bound by what a child wants. Unless the child is 13 years old, a NY court may not even ask the child what she wants, although a judge might call for the appointment of a guardian ad litem for your child. The guardian would represent your child's interests in the lawsuit. Parents often assume that what they want is what the child should have. Judges may see the situation differently.

NY courts will determine what is in the best interests of the child. These determinations are very fact intensive, so you need to discuss the specifics with a lawyer.

You say that the bio-dad is threatening to sue, alleging that your child has been molested, and you ask, "Does he have a chance?" No one can predict the outcome of a lawsuit with certainty. However, if the child has not been molested, how will he prove his allegation? If he makes allegations which a judge considers scurrilous, he will lose credibility with the court, and that will work to his detriment.

Good luck.