Legal Question in Family Law in New York
I just had a baby with a man who I'm not living with nor married to. He keeps harassing me saying that I have to let him have the baby at his house overnight alone. I don't feel comfortable letting him have the baby without me around because I don't trust him. He wasn't there for any of the pregnancy. He has had problems with drugs and alcohol in the past and has been in rehab for it. He also just got charged with a felony. What are his rights, and do I have to give in and let him take my child? Can he take the child away from me?
1 Answer from Attorneys
The court looks at the best interest of the child. Age and maturity are taken into account when the court decides on visitation.
Your child is a newborn. I do not think that a court will allow overnight visitation to a man that has no concept of taking care of a baby. However, you will eventually have to allow this man to see the child.
Mike.