Legal Question in Family Law in New York
custody case not biological father
My boyfriens has a 2 year old son. The mother of his son dropped the child off 8 months ago and has never returned. he is in the process of obtaining full custody of his son. He took the paternity test and the result came back indicating he is not he biological father of the child. He is due back in court next month. The judge was prepared to give my boyfriend custody, she just needed the result from the paternity test and proof that the child mother was served with papers. If the childs mother does show up in court next month, will the courts force my boyfriend to give the child back even though she has proven to be an unfit mother and he is not the biological father of tne child?
1 Answer from Attorneys
Re: custody case not biological father
If it appears that the natural mother neglected or abandoned her child, to your boyfriend, the Court could decide that the child should remain away from the mother, ie., "placed" until such time as she proves she is a suitable and "fit" person to care for her child. It's also possible the Court, (in the best interest's of the child, for the sake of continuity or other reasons) will decide to permit the child to remain with your boyfriend. However, since your boyfriend is unrelated to the child, he will be considered "a stranger" who DOES NOT HAVE CUSTODY RIGHTS, to the child, nor standing to Petition the Court for same.
Suggest: that boyfriend contact mother's family and ask for their support and cooperation in planning for the care, home and safety of the child, that may permit him to be a full participant, in the child's life, at least for a while.
Good luck,
Phroska L. McAlister,ESQ
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