Legal Question in Family Law in New York

Ok first thank you guys for taking time out and helping people like me.

My girlfriends has a child with a man who has said he doesn't want the baby or her he wants to be left alone. He last saw her when she was 4 months since then no contact. I've been helping with the baby who I love as if she was my seed. Now I want to be her legal father but how would I go about doing that. My girlfriend has full custody of the baby she has her last name. The bio father didn't sign birth certificate and I know in the state of new york that means she has all rights and he has none. How could I legally become her father and phase him out, believe me this guy is no good and he doesn't want her, the last time he called was when he saw me with my girlfriend and then on the babys birhday. He knows where she lives her name and everything there's nothing holding him back from coming to see his child so we know he's not an issue and he called on her birthday saying he was coming and didn't come. I love this little girl and I don't want him trying to step in where I started. Please help me is there any type of loop whole, maybe I can go to family court and say I'm the biological father so they won't ask for a paternity test and I sign some type of paper that makes me legally her father. Thanks


Asked on 7/13/10, 8:55 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, regardless of your going to family court and declaring yourself the father, you will be required to take a paternity test and then you can be charged with making a false claim. Your attempt to become the child's parent will be a very difficult and costly case. You need to consult with an experienced family attorney as soon as possible. I would consult with several and see which you feel comfortable with.

If you would like a free consultation, you can contact my office at 516-746-4747.

Joel R. Salinger

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Answered on 7/14/10, 9:05 am


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