Legal Question in Family Law in New York
Paternity Rights
Father of my daughter filed for paternity
rights. He is an illegal alien? What happens
now and how can I get sole custody and a
good lawyer with limited amount of
money?
2 Answers from Attorneys
Re: Paternity Rights
The father will have the responsibility to pay support. He will have the right to visitation.
Daniel Clement
Re: Paternity Rights
As for his being an illegal alien, that in an on its self is not enough to extinguish his paternity rights. you will need to file an action in family court for sole custody but unless you can prove that he is not fit to be a parent, you will not extinguish his rights.
You can obtain sole custody since as an illegal alien he will most likely be deported and would not be allowed back into the country to have visitation rights.
getting an attorney is more problematic. most attorney's will not take a custody fight without a substantial retainer. you can contact the bar association in your area and you can also request an attorney after you file your case in family court as the custodial parent but they are usually over worked and under paid.