Legal Question in Family Law in New York

Want to speak to a lawyer who will assist and fight for me

I was married 9/03 and moved out 12/03. The marriage started off with issues where I did not feel comfortable living with my spose and my daughter from a previous relationship. In January he forced himself on me, we were not living together at the time. I asked him to stop and said no - he finally pinned me down from behind and bear hug my arms so I couldn't move. I filed a report with police but did not press charges. He also signed divorce papers attesting to this incident. I have emails where the incident is described and he admits he was wrong, he admists it was not consensual and the last time we had consensual sex was in November. He also begs me not to press charges, that he would kill himself in an email.

Anyway, with the pending divorce on cruel and inhumane behavior, I thought that would be the end of this nightmare but I am pregnant and it is from that non-consensual act.

I don't want him to have any form of custody, nor visitations. I do want him to pay. Since he does not want to face jail time, I think i can have him agree to this in writing. Can someone help me prepare legal documents? If I can't get him to sign, what am I looking at?I would like to meet with a lawyer soon and try and take care of this


Asked on 4/07/04, 4:19 pm

4 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Want to speak to a lawyer who will assist and fight for me

Generally, the father would have a right to have a relationship with his biological child. If, however, he is willing to pay support and not see the child, an agreement could be prepared to memorialize the agreement, but I am not sure it could be enforced

Daniel Clement

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Answered on 4/07/04, 4:24 pm
richard feldman richard d. feldman

Re: Want to speak to a lawyer who will assist and fight for me

if he would be a danger to the child it could be possible to keep him away. there are other issues to discuss you can call me at 212 683 8677

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Answered on 4/07/04, 5:03 pm
Charles Okyere Charles okyere Esq

Re: Want to speak to a lawyer who will assist and fight for me

You can appply to the court for sole custody. Generally he will be entitled to some visitation rights but you can request that to be supervised or request a Judicial Termination of his Parental Rights.

You can call me on (718) 715-0514 and I will be glad to assist.

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Answered on 4/07/04, 5:07 pm
Robert Evans Robert S. Evans esq.

Re: Want to speak to a lawyer who will assist and fight for me

You have a difficult situation here. The biological father does have some legal rights, however if his behavior creates a dangerous situation for the prospective child the court may be inclined to order only supervised visitation. It is however possible he may not want any contact with the child. It's hard to predict the future. You may call my office for further info @718-834-0087.

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Answered on 4/07/04, 5:24 pm


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