Legal Question in Family Law in New York
Fatherless Child
I am a single mother and on my child's birth certificate there is no father's name only because the child's father was abusive to me and denied the child. If something happens to me like a terminally ill disease or death what happens to my child? During the last year although Family court made us take a DNA and it proved that this man is the father. Is this ex-con, abusive person has the rights to my child if something happens to me? Does my child have to go through the Foster system? Please help.
1 Answer from Attorneys
Re: Fatherless Child
The bad news is this: if the father chooses, he can assert his rights if you die. However, he may not assert his rights.
You should have a will appointing a guardian if you die before your child is an adult. If the father decided to assert his rights, he could fight it out with the guardian.
Even if the father were to assert his rights, and take it to court, it does not mean he would automatically get the child just because he is the father.
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