Legal Question in Family Law in New York
paternity
i had a baby in march . someone is bringing me to court for a paternity suit claiming he is the ffather. He does not apppear. how many times can he do this. I have an order of protection against him. the child is his, someone else has signed the affadavit of paternity. we want nothing to do with this person. can my child be legally adopted if he does continue not showing up in court
2 Answers from Attorneys
Re: paternity
Unfortunately, it's possible that the court will allow this person to file repeat petitions even after defaulting more than once. If the child is successfully adopted, the biological father will not have any parental rights and will not be able to sustain a petition for paternity. However, you will need to notice him in the adoption proceeding and he can object. There may be a better way to accopmplish your goal.
Re: paternity
You might obtain a default judgment against him if he repeatedly fails to appear. However, default judgments and other similiar judgments are often overturned.
You might cosider '"cutting a deal" with him, especially if he is an American by birth.
To wit:
He, allow adoption by another. Thereby reliefing him of all financial obligations. You, keep him posted, periodically of youT childs's development.
Argue THAT the child's best interests, are one father who is there daily, caring for and supporting the child. Tell him the alternative is that your child has no future, not belonging to anyone absolutely. Tell him your child will essentially be without a father,
all further contact.
Tell him to show his love by putting his child's needs before his own desires.
GOOD LUCK,
PHROSKA L. MCALISTER, ESQ