Legal Question in Family Law in New York

Re: how to get sole custody

First of all, congratulations on the birth of your grandchild. As to your situation regarding the birth father, merely being a troubled teen who has had problems with the law and drugs is not enough to completely terminate his parental rights, although it would certainly make a good case for granting your daughter sole custody. However, there are some options that you and your daughter have. For example, if the young man was less than thrilled about being a father in the first place, you might be able to persuade him to relinquish his rights to the child voluntarily. Please email me and we can discuss this further.

Re: how to get sole custody

The natural mother of an infant born out of wedlock is already the sole "legal" cutodial parent of her infant, unless and until a Court decides that it should be otherewise.

Whereas, the "putative" (alledged or supposed) father does not have custody rights, unless or until he and the mother, consent to same, in a notarized writing. Or, he is declared, by a Court to be the "natural" father of the child, pursuant A Paternity or Filiation Petition, filed in Court, by either the natural mother OR "putative father.

A "putative" father has the right to file a Paternity/ Filiation Petition, up to the child's 21st birthday, which if granted, will result in the father incurring the legal obligation to pay child support. Only then can father file A Custody Petition. The Court would have to consider it, but, the Court's decision, must be based upon the the Child's best interests, not the father or mother's rights or desires.

Thus, If none of the parties receive public assistance, or other governmental benefits for the child. And, Neither seek child support from the other, it probably would not be worthwhile for either, to file a Paternity, Filiation, Child Support, Custody/Visitation Petition. Nor, do anything that might upset the status quo.

Good luck,