Legal Question in Family Law in New York
Rights of Unwed Father
Prior to becoming pregnant, the father and I had an unwritten agreement that once the child was born, I would not ask for any monetary support and he would not have any visitation. He has been very emotionally abusive to me during our rocky relationship, & I have been hospitalized 2 times. Now that I am pregnant, he is threatening me if I do not allow him all the visitation he wants, still without any child support. This was not part of our original agreement & I am not comfortable with this, as I have never agreed to this.
What are my rights? Does the unwritten agreement hold up? I--name removed--miserable that he is doing this to me. If I dont put his name on the birth certifate, are me and my baby protected? If he forces a paternity test for visitation, can I then receive child support? Is he allowed to just change our agreement whenever he wants?
I would much prefer to stick to our original agreement. I don't want him in my child's life and I don't want his money. He has more money than I do, and if this goes to court, what do my chances look like? Im so scared, should I even consider abortion since this wasn't the original plan? How does he have the right to do this to me?
2 Answers from Attorneys
Re: Rights of Unwed Father
To begin with, you should do whatever is best for you--don't worry about the father.
If the father is physically, or for that matter, psychologically abusive, I would recommend that you seek assistance from a domestic violence program. The Brooklyn District Attorney's Office has an office that can help you.
The father will be legally entitled to have visitation with his child. You will be legally entitled to receive child support. One is not dependent on the other, and you may collect child support even if the father chooses not to have visitation. Also, you cannot deny the father visitation solely because he is not paying child support.
I would recommend that you obtain a court order which specifies the terms of visitation, child custody and child support. This is a good idea even if you come to an agreement with the father so that there are no misunderstandings. The Family Court will provide you with some assistance as to the procedure.
You can contact me if you have further questions. All the best.
Re: Rights of Unwed Father
John O'Donnell is correct on all counts.
If the father is abusive now you have to report it to the police or the District Attorney's Domestic Violence Unit.
If he sues for visitation you must immediately bring a petition for support. The two are independant however and you can start a support petition prior to the child's birth. It just would not be decided until after the blood tests (when the baby is 6 months old), assuming the father says the child is not his.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
