Legal Question in Family Law in New York

I need some guidance........

I have a ten year old son whose mother is deceased as of a year ago. His maternal aunt claims to have ''papers'' giving her guardianship. I recently relocated to where my son is residing. I have filed a paternity suit and await the results. My son knows me as his father and noone else, and is now being kept away from me. I try to call and get no response, and at the dna testing, the child was told ''you don't have to answer him'' when I asked a question of him. Is there anything to do as I am sure my son's emotional and psychological wellbeing is at stake? Is there anything I can do outside of Family Court, and what, if anything can Child Protection Services do?


Asked on 3/04/01, 8:26 am

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: I need some guidance........

Unless you can prove that you are the father, you will have no right of access to the child. Why did you wait ten years to bring the paternity case? [And then why did you wait for a year after the mother died?] How did you think your son was being cared for or supported? Have you been paying child support for the past 10 years? Do you have any relationship with your son? Have you ever seen your son before the blood test at age 10? Where have you been for the past 10 years?

You have a tough road to hoe, both legally and in establishing a relationship with your son.

I doubt whether any Judge would give you custody of the child; you would be lucky to get visitation.

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Answered on 4/30/01, 6:40 am


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