Legal Question in Family Law in New York

A Fathers Righr

My boyfriend has a son with someone else. She took his son away from him 6 years ago in the beginning he would go by and drop money off to her mother and than one day her mother told him to stop coming around, and he did, he hadn't seen him since he was about a year old.. A few months ago she ran into him, now she says she wanted him to be in there sons life . His son believed someone else was his father for the last 6 years. When she first came back he was getting to see his son 2 to 3 times a week, he would give her money for their son. His son now knows the truth about who his father is, and loves my boyfriend, but she is giving him a hard time about seeing his son since he does not want to be with her and he is with me. All he wants is to be able to see and spend time with his son. Maybe even have him come and spend the night with us ever now and than, we have a room for him all his own. His ex is unemployed and living in a 1 bedroom apartment with her mother and his son is sleeping w/his grandmother because he doesn't have a room of his own. What legal rights does he have as the father of this child? What can he do to get visitation?


Asked on 8/24/04, 5:53 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: A Fathers Righr

your boyfriend should go into family court for custody and visitation rights. the court will also most likely set child support. Or it might be better to put something in writing with the mother if she is agreeable you can call me at 516 466 5297 for a free telephone consultation

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Answered on 8/25/04, 8:53 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: A Fathers Righr

Your friend must first be "legally" determined to be the natural father of the child via blood tests, in a Paternity proceeding.

Then he may Petition the Court for Custody and Visitation. If the mother retains custody he will be required to pay child support per a schedule; but he will also be entitled to have visitation, that includes holidays, vacations, etc..

A Father (arguably) has the same rights to his child/ren as a mother.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/25/04, 1:45 pm


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