Legal Question in Family Law in New York
My situation is a little complicated. I am a former FL state resident, which is also the state where my daughter was born. I currently live in NY. My ex-fiance may not be my daughter's father. He lied about getting a DNA test done at the hospital where the baby was born while I was incarcerated in NY for 8 months. He has "disappeared" w/ my daughter since just before my release date (12/22/10) & nobody except his sister has heard from him since. I contacted her trying to find him and she informed me that she helped him move but she refused to tell me where. He was not on my daughter's birth certificate until after I was incarcerated because he went ahead without my permission and put himself on there so he could have access to her disability benefits, as well aas changing her last name on her birth certificate & Social Security card from mine to his. He also cashed two of my paychecks from my former job at the 2010 Census Bureau by forging my signature on them & depositing them into a friend's account as third-party checks. My daughter is 2 years old now and he only gives her bottles of fomula when she is able to eat regular table food. I am wondering what I can do towards getting my daughter back? He is a irresponsible, neglectful person who, as I said before, may not even be her real father.
1 Answer from Attorneys
You need a lawyer. You NEED a lawyer. YOU NEED A LAWYER.
Specifically, you need a lawyer who is retained to represent you. If you cannot afford one, file a case to regain custody of your daughter (serve process on this guy in care of his sister if you know her address) in the Family Court of the county where you live, and ask to have a Public Defender (PD) represent you. You may have to go unrepresented to the initial hearing, but the judge will ask you if you want to postpone the matter to get representation; your answer is "yes, I do want a lawyer to represent me, but I cannot afford one." The judge will then direct you to the court clerk, who will walk you through the process of getting a PD to represent you.
In the alternative, you can contact your county's Legal Aid Society (they're in the phone book) and fill out an application to have them to represent you. I don't know whether they take these cases, but it's worth a shot (the worst they can do is say no).
This is a very (VERY) complex situation. Do NOT walk this walk alone!!!!!!!!!!! Do NOT rely on advice you may get on these freebie answer boards!!!!!!!!!!
YOU NEED A LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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