Legal Question in Family Law in New York

Re: SOLE CUSTODY and an UNMARRIED MOM

Yes. NY has a similiar statute re children born out of wedlock.

However, the law and Courts consider the rule a "rebuttal presumption" of the unmarried mother's right to have custody.

Which means the father may contest the "presumption" that the unmarried mother should have custody. But, the father's position in these cases is generally not considered equivalent to a father who was married to the mother and had an established daily relationship with the child.

Good luck,

Phroska L. McAlister,ESQ

Re: SOLE CUSTODY and an UNMARRIED MOM

The standard in NY State is "the best interest of the child" as determined by the court. Often this will be the mother if she is unmarried but it is not automatic.

By the way you are mistaken in your reading of the South Carolina statute, I looked it up and you missed a few key points the statute reads:

"Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity."

In other words there are several alternatives to automatic custody:

1) If a court orders a different custody award

2) If the mother relinquishes her rights

3) Or if the unmarried father has either acknowledged paternity or been adjudicated as the father by the court and in a separate proceeding successfully petitions for custody.

In other words the South Carolina statute actually is similar to New York in that the Court ultimately gets to decide what is the best interest of the child for purposes of paternity.

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