Legal Question in Family Law in New York

What are my rights as an unwed mother??
I dont have the money to pay for a lawyer because I am paying for everything on my own...I am due to have a baby in just a few weeks. The father is requesting that a paternity test be done,which has already been ordered. He has stated to me that he wants joint custody (even though he still denies the child is his!) .. He is going to college and not employed, I graduated college a year ago and I am working fulltime. Who will be given physical custody of our child?? I have no problem with him visiting the child when he wants to but I want my child to live with me. Also whose last name will the child be given?? I want to use my last name. When paternity is established is there a law that says I have to change it to the fathers last name???

Asked on 5/21/03, 10:50 am

2 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

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Re: What are my rights as an unwed mother??

Your rights as an unwed mother are essentially the same as if you were married. You will decide what name to put on the birth certificate, but the father may be able to get a court order to add his name as well. The father is obligated to support the child and is generally entitled to at least some degree of visitation. If he takes you to court, whether for visitation or for any greater degree of custody, the court will consider the child's "best interests." It sounds like some of the important issues may include the father's willingness to assume responsibility and your acceptance of his role as the child's parent.

I hope this has been helpful. Please do not hesitate to call me if you wish to discuss this further. I do not charge a fee for initial consultations.

Good luck,

Seth Kaufman

Answered on 5/21/03, 11:16 am

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Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: What are my rights as an unwed mother??

The child physically remains with you unless your boyfriend petitions the court for physical custody and the JUDGE decides that the child's best interest is with him. Once paternity is established you do not have to change the child's name. Joint custody only means that you both have an equal legal say in the child's future. Ex: medical decisions, education, etc. Does NOT mean that you physically "share" the child.

Good Luck with the pregnancy/birth.

Debra Palazzo [email protected]

Answered on 5/21/03, 7:36 pm

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