Legal Question in Family Law in New York

Not the father

My sister has a child that is the result of a rape. For about 10 years she lived with her ex boyfriend. For a year and a half now she has been in court because he wants to be adjudicated the father of her daughter. He was denied this same request in 1994. He never appealled the decision. Now the Judge wants to adjudicate him the father even though my niece now 12 is completely against this. She has made her wishes known to the lawyers, psychologist, and counselors. She has not visited with my sisters ex boyfriend in almost a year and a half. The Judge said that she would adjudicate him the father but cannot force the child to go with him. This does not sound as though my niece's wishes are taken seriously. I need to know if she has any rights and what can be done to help her? Her law guardian never returns her calls and stopped by the house once and only because the ex boyfriend wanted her to bring the child some presents.


Asked on 2/26/02, 6:39 pm

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Not the father

I am not clear on the facts here. Is the ex boyfriend the rapist? If he is not, he is not the biological father and cannot be adjudicated the father. If he is, he can be adjudicated the father. However, there may be an issue of precluding him from doing this because he was denied the same request in 1994. If you niece's law guardian will not answer phone calls or fully represent her, consider hiring an attorney to represent her. She has the right to full and complete representation.

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Answered on 2/26/02, 8:53 pm


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