Legal Question in Family Law in New York

what rights does a man who negleted a child for 2 years have?

I am being petioned to court for a paternity test of a man who had sex with me while I was intoxicated and i learned of the act the next morning. When this all occured I was with the father of my 5 year old daughter,who I have just left 3 months ago. My ex has been ''daddy'' to my son for 2 years and conitnued to be. I have full legal and physical custody of my 5 year old daughter. what are my rights and what are the rights of the man who now wants to claim paternity of my son. Does my sons attachment to my ex have any weight in the situation. would I be wrong to file rape charges now that i should have filed previously? Does a man who decides two years after a childs birth that he wants to prove paternity and be involed really have grounds?


Asked on 4/11/02, 11:20 am

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: what rights does a man who negleted a child for 2 years have?

Unfortunately, biology does give the father legal rights, and obligations. If he is the father, you can get child support from him. The court may also give him visitation.

I would suggest that you and the person who has acted as the father go in immediately, and petition for joint custody. You will also need an attorney, in this complex situation. Find someone local who can help you out. If you can't afford an attorney, you can ask the court for assigned counsel, if you meet the income requirements.

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Answered on 4/12/02, 10:03 am
Michael Markowitz Michael A. Markowitz, PC

Re: what rights does a man who negleted a child for 2 years have?

Q. Does my sons attachment to my ex have any weight in the situation?

A. Yes. It has a great deal of weight. In New York the Courts look toward the best interest of the child to determine paternity rights. If the child believed for the past two years that another man was his father, and if there was little to no contact with the individual claiming paternity, you can make a valid argument that the petitioner is now "estopped" from seeking a paternity test.

Q. Would I be wrong to file rape charges now that i should have filed previously?

A. That question should be directed to your local District Attorney's office. Rape is a criminal act.

Q. Does a man who decides two years after a childs birth that he wants to prove paternity and be involed really have grounds?

A. Yes. He has grounds to bring a petition.

Mike.

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Answered on 4/11/02, 12:44 pm


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