Legal Question in Family Law in New York
Family Law
My boyfriend fathered a child before we met and he is paying child support, but has given full custody to the mother and has not seen the child since birth one year ago. My questions are (1) can he sue for joint custody in the future, (2) can he have visitation rights without changing custody (3) if she were to die, would he be first in line for custody (4) if she were to marry and her husband wanted to adopt the child, would my boyfriend have to give permission or even be notified (5) if she remarried and her husband did not adopt the child and the mother died, who would get the child (6) if my boyfriend were to die, unmarried, with a will but not name the child in the will, what would the child be entitled to (7) if he were to die, married, and not have a will, would the child get half the estate and (8) if he were to die, married, with a will and not name the child in the will, would the child still be entitled to something? We are discussing marriage and I would like to know how this might affect things in our future. Thank you.
2 Answers from Attorneys
Re: Family Law
You have way too many questions for an online answer. If your boyfriend wants answers to these questions he should consult with an attorney. www.traceyabloodsaw.com
Re: Family Law
1.Yes but if he is not soon into the child's life he can forget about ever getting custody.
2.Yes and it is relatively easy to do, better if it is done with a lawyer.
3. Not necessarily, If the baby doesn't know him, he may be paying child support to the mom's sister or mother or even to her new boyfriend/husband.
4.Yes.
5. See 3 above.
6. A lot. The child has rights to a significant portion of his father's estate especially when he dies intestate.
7. I am not sure if it is half, it may depend on other siblings, but he would still be entitled to a piece of his father's estate. The Wife would get the other half. The state would have a portion too.
8. Yes. It would be prudent to include the child at least in some way.
If I were you, I would encourage him to have a strong relationship with the child, and to find a way to get along with the child's mother. That goes for you too no matter how you feel about her.
The child she has will be a half sibling to your children and they have a right to know their family too. Making this work will take work, but it is work well worth preforming.
Good Luck.
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