Legal Question in Family Law in New York

Custody & Support

My daughter is almost 3. Her father and I have never been married. For the past 3 years he has seen her sporadically and for the past 2 years he has paid for half of her childcare to his sister. Next year my daughter will start pre-school and I am afraid he will not be consistent with paying for half. I am going to file for child support this summer since we have no leagal agreement. I know I have sole custody since we were never married but what are his rights concerning my daughter and decisions that affect her life? How does him paying support affect those rights?


Asked on 5/05/07, 3:21 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Custody & Support

The fact that you were never married does not mean that you have "sole custody". The support magistrate should determine that you're the custodial parent for support purposes because the child is living with you. However, if the father petitions for custody/visitation, the matter will be determined according to the child's "best interests". The Court will consider the time the father has spent with the child, as well as his financial contributions, as factors. Feel free to call my ofice to discuss this further.

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Answered on 5/06/07, 12:18 pm


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