Legal Question in Family Law in New York
Custody
My husband signed my twin's birth certificates knowing he was not the biological father. Almost 6 years later we are divorcing. Do I have to stay in the country or can he take me to court and keep me here? I am originally from Sweden and would like to moe back home.
Asked on 10/12/07, 4:19 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Custody
Even if he is not the biological father, if his name is on the birth certificate he is the de facto father.
As a father, he has rights toward the children. Similarly, the children have the right to see their dad. Therefore, although he cannot force you to stay in the United States, he can force you to have the children remain in this country.
Mike.
Answered on 10/12/07, 4:26 pm
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