Legal Question in Family Law in New York

Sole Custody

A couple is in the process of divorce. Paperwork has been filed and waiting for forms to come in from court. Since then the soon to be ex wife learns of a pregnancy. The pregnnacy was the result of non consensual sex which was noted with police but charges were not pressed. Husband has admitted several times of the non-consensual act in writing and has pleaded to do anything for wife not to press charges. If he agrees to granting wife sole custody and providing child support, can this be drawn up within a lawyer's office without going to court? Would we have to wait until the birth of child? If he tries to fight, if there is evident proof does wifer stand a good chance to have sole custody awarded because act of conception?


Asked on 3/09/04, 11:35 am

3 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Sole Custody

Notwithstanding the letters, etc., your husband has a right to contest your claim that he is the natural father of your child. That means, he does not have to consent or stipulate to anything, before demanding a blood test, and a hearing, after your child is born.

Custody of a child, sole or otherwise, written aggreement or court ordered, can always be contested and changed.

However, custody of an newborn infant is rarely given to the father, unless the mother is blatantly unfit.

Once the infant is "proved" to be your husbands' he will be obligated to pay support pursuant the guidelines. He will also have all rights of paternity, ie., visitation, daily and regular contact, vacations, etc..

So, .... for the rest of your life you will be negotiating with your EX regarding this child.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 3/11/04, 1:40 pm

Re: Sole Custody

You should definately enter into an agreement with him for sole custody and child support. This agreement should be formalized by an attorney to ensure that the proper requirements and protections are incorporated. You should also keep copies of the letters and proof from him admitting to the nature of the child's conception. This material can be used in the event of an eventual custody battle.

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Answered on 3/09/04, 12:08 pm
richard feldman richard d. feldman

Re: Sole Custody

you should definitly have an agreement. a number of issues such as support etc should be adressed.

call me at 516 410 4001

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Answered on 3/09/04, 10:12 pm


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