Legal Question in Family Law in New York
what are the rights of a parent who is not involved.
My son's father left me when I was pregnant with my son and he met my son once when he was 11 months old, my son is now 9 and does not know his biolodgical father. His father is in and out of my life with phone calls 2-3 times a year, I have not told my son of his father due to this. His father pays child support only because his wages are garnished. He has made no attempts to set up any kind of visit, I live in NY he lives in CA, he has asked that I put my son on a plane by himself to see him, I refused as I feel that my son should not go to him nor will I allow my son to travel without me, he as an adult should come to his son. What are his rights as a father under these circumstances, and what are my sons rights as a underage child in this situation? I am going to tell my son about his father soon, and I want to know what rights they both have. Thank you for taking the time to read this.
1 Answer from Attorneys
Re: what are the rights of a parent who is not involved.
In order for your ex to see his son he would have to move for an order of visitation in NY Family Court. It is very doubtful that a court would order a young child to fly across the country to stay with a person who he has never really met.
Additionally while he is not absolved of his child support requirements he may have lost his right to even get to know his child by waiting so long to establish contact with him.
Your ex's "rights" will be subject to a standard called the "Best interest of the child." A court would try to decide what would be in the child's best interest.
Before telling your child about his dad, speak to a lawyer. Your child may want to know his father and be excited at the prospect of going to California. He might be afraid that someone he doesn't know might be able to take him to another state.
It would be wrong to raise his hopes or fill him with fear that someone he doesn't know might be able to take him away before fully developing the legalities of the situation. Good luck
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