Legal Question in Family Law in New York

fathers rights to child custody
My sister recently gave birth to her boyfriend's child. She is 16 and he is 18. Despite the wishes of her family, she named the child after the father, including giving him the same last name. Since they are not married, we are concerned that this could cause problems with custody and parental rights in the future. They do not live together, in fact they each still reside with their parents, and we are concerned that he will be able to take the baby and we will not be able to get him back. What rights has my sister lost by not giving the baby her last name, and what rights has the father gained? Does it make a difference if he has a history of violence and trouble with the law? We would greatly appreciate a response, we are very concerned for the well-being and future of the child.

Asked on 3/24/06, 4:26 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: fathers rights to child custody

I understand your concern. Please be assured, the boyfriend can establish paternity in a number of ways and nothing has been lost.

It might be best to have an attorney who is aware of the situation for fast action if it is needed.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Answered on 3/28/06, 8:32 pm

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