Legal Question in Family Law in New York

My girlfriend is 5 months pregnant. However she is pregnant with her 3 year old son's father. Their relationship ended about four months ago. She decided to keep the baby because she is anti-abortion. Nonetheless this has brought problems with her 3 year old son's father because he only wants it if they are together in a form of a relationship. She wants nothing to do with him, but be parents to their 3 year old and their expected child. However the father wants nothing to do with the expected baby. He has even asked for paperwork to sign off any legal rights to the expected baby. So the question is whether it is possible for the father to give up legal rights as a father and not claim the baby as his. And furthermore would she still be able to qualify for child support from him? If so what needs to be done? Thank you.


Asked on 9/15/11, 5:24 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. So the question is whether it is possible for the father to give up legal rights as a father and not claim the baby as his.

A. He may ask for a paternity test and if the test comes back that he is not the father, he would have no legal obligations. Otherwise, generally, the answer is no.

Q. And furthermore would she still be able to qualify for child support from him?

A. Yes.

Q. If so what needs to be done?

A. After the baby is born she should file a petition in Family Court seeking child support.

Mike.

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Answered on 9/16/11, 5:26 am


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