Legal Question in Family Law in New York
Son is with non biological father for 2 years I am unable to get a attorny and c
My ex husband I got together while I was pregnant.Even though he wasnt his we put his name on the birth certifcate because of the fact the laws in mexico are diffrent and we were planing on going down to where i concived the baby to find his real father.With me being white and the father mexican we were scared for the baby. While after lots of domestic violence and cheating my ex husband and I split in april of 2002.My son lived with me until nov.2002when my ex went to his home state and filed for emergancy custody for my son trying to say that I hurt my child and other stuff and that my son was there with him. Which was all a lie. While i had all my papers to prove that i had cps involved and they determined therehad been no abuse on my half and my son lived with me, but I got sick and ended up in the hospital and got mery flighted to a diffrent hospital.So I wasnt able to call the court the day of the hearing due to all this the day before.they awared temporary custody to my ex 2years ago.they also never added any visitation for me in this court order.I have been unable to see my son only but 2 times in the past year1/2 and been unable to bring it back to court due to the fact I cant afford a atorney.i need help. someone please!
1 Answer from Attorneys
Re: Son is with non biological father for 2 years I am unable to get a attorny a
In NY you can file a Petition for Visitation in the Family Court on your own. If the Judge finds you require an attorney and cannot afford one, the Court can appoint an attorney to handle your case. However, you must first get your case on the calendar and before a judge.
You Ex IS the father of your child under law, and it does not appear that your case would be strengthened by denying his paternity now. Your child could be "placed" away from both you and your Ex, if you press his "non" paternity.
Good Luck,
Phroska L. McAlister,Esq.
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