Legal Question in Family Law in New York
Father's Rights
Can a woman from Trinidad who married a U.S. citizen suddenly decide to take the child born before they were married, in the U.S., back to Trinidad without the father's permission and prohibit him from having access to the child? And what if they are married but do not live together and haven't consumated the marriage yet? Can he get custody? What rights does he have?
1 Answer from Attorneys
Re: Father's Rights
A Father can always petition for custody when the Mother takes the child out of the state/country.
The Father should file a petition to restrain the Mother from taking the child as soon as he learns of it.
The court will sort out what is in the best interest of the child and decide whether the child should remain in NY.
It doesn't matter whether he is married to the Mother or not. Nor whether child was born before they married and have since not consumated the marriage.
A Father has a right to his child just as the Mother does, unless he is unfit, etc.
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