Legal Question in Family Law in New York

Does the biological father have visitation rights or joint custody?

Patricia Martin-Gibbons

For custody and visitation purposes, the Courts look to the best interest of the child. It is a presumption in the law that a child should be raised by both a father and mother. A parent wanting to adversely effect custody must demonstrate that it is in the best interest of the child.

Therefore, if you remove the child from the state and essentially terminating the child's right to see the father, you are subjecting yourself to a Family Court petition by the father for custody or visitation.

Mike.