Legal Question in Family Law in New York

Child support for a child that's not mine??

My ex-girlfriend had a child almost 5 years ago and she didn't want the biological father in her life. I've been there, as a father, since the child was born and I'm the only father she knows. There's no father listed on the birth certificate and I have not adopted her. Lately, me and the mother have drifted apart and now she wants to take me to court for child support! I've paid her $300 a month for the past 3 years because I feel this is my kid and my responsibility, even though biologically she's not. My question is does she even have a case against me? She's never lied to me and said the child was mine and I decided to be the kid's father out of my own free will but does that legally make me her father and does it make me liable to pay child support?


Asked on 7/14/04, 1:27 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child support for a child that's not mine??

If you signed a document saying you are the natural father. Or, if you married the mother within one year of the birth of the child, and the child is more than 5 yrs old, then you will be deemed the natural "legal" father of the child. Which obligations would include all of the rigts and OBLIGATIONS of fatherhood. The Obligation to support, per the statute, would be enforced to the fullest extent possible.

If not, the court would view your voluntary contributions as part of the "relationship"

you had with the mother. The Court would not view the "relationship" as equivalent to a marriage. NY no longer has commonlaw marriage.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/15/04, 1:12 am


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