Legal Question in Family Law in New York

Joint Custody

I am being sued for joint custody and paternity because father's name is not on the birth cert. He did sign the documents to ensure he's name on the birth cert. Also I am planning on moving out of state as well to improve my living situation and provide a better environment for my son. He wants my son for all school vacations and the whole summer. We have never been married and my son is on breast milk. He is only 3 months. What kind of visitation rights will he be granted. Also he has constantly cancelled his scheduled visits.


Asked on 1/20/06, 10:57 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Joint Custody

Your ex did well to put himself on the birth certificate, but less well in declining visitation.

There is a presumption that each natural parent is fit to have custody. That means the burden of proof is on you to show he is not an appropriate person to be with the child unsupervised for more than a few minutes.

This is not an impossible burden of proof by any means.

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

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Answered on 1/20/06, 1:40 pm
Daniel Clement Law Offices of Daniel Clement

Re: Joint Custody

Your husband will be granted some visitation- the question is will you be permitted to relocate.

Let me know if I can be of help.

Daniel Clement

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Answered on 1/20/06, 1:44 pm


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