Legal Question in Family Law in New York

Re: child support & sole custody

A child is entitled to child support from his natural father, to the child's majority. In NY, majority is age 21.

Child support is generally calculated from the "File Date" of the Petition for Child Support.

A natural father is entitled to Petition for Visitation AND Custody of his natural child, at any time. There is no longer a presumption that "mother's" right to custody is superior to father's right to custody of their child, even when the child is born out of wedlock.

If a parent is deceased or unable to care for a child, unless entirely unfit, the other or surviving parent has superior rights to Custody against ALL others, including stepfathers, grandparents, siblings, and etc..

A parent's Lack of prior interest or involvement, may not be used as grounds to avoid or prevent parental visitation.

Unless a father is a danger to the health and safety of his child, a father is entitled to the Court awarding Visitation, including overnights, holidays and vacations, when requested.

A child's right to have both natural parents is PERSONAL to the child.

Thus, A mother cannot "Will" "contract" or otherwise "give" a father's RIGHT, to "father" his child, to anyone.

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Notwithstanding the above, your concern about money, "for your child" is misplaced. IF you want to maintain the integrity of your houshold, you should consider asking your husband/father of your "afterborn" child/ren, to legally adopt your child, by another; ask for that child's father to Consent to the adoption; and then complete the adoption process.

Any other arrangement or demand for Child Support from a man, not your husband, will without doubt, doom your marriage, confuse your children and lead to endless years of acrimony and litgation.

Good luck,