Legal Question in Family Law in New York
Non Paternal rights
My wife and I have only been married for 2 months. Last May, 2006, she told me she was pregnant. Prior to that, we were only friends and seeing other people. It turns out that the baby is not my child and the father wants visitation and he's getting it once a week without court involvement. I paid for the pregnancy, covered her and the baby under my insurance etc. etc. Her attorney and many others that I spoke to basically told me that I have no rights where the child is concerned and I have to suck it up if I am to stay married to my wife.
My name is still on the birth certificate, not sure if that's going to change at this point in light of the fact that they are working out a visitation agreement and not going through the courts. I offered the father the chance to sign over all custodial rights and not pay for anything and still gave him the same once a week opportunity to see the baby. That's not an option at this point. The father lives 4o miles away from us, comes home on Saturday's to see the baby. Already missed 2 visits in a month and a half! The baby lives in my house, I pay for everything. The father only makes 17K a year and want to be involved? What rights do I have? I have to have some rights here.
1 Answer from Attorneys
Re: Non Paternal rights
Unfortunately, the biological father has rights to visitation and to provide support for the child. Unless her relinquished his parental rights and allows you to adopt the child, he is the legal father.