Legal Question in Family Law in New York

statue of limitations on claiming parental rights

I have a four year old son and I have always denied to the biological father that the child is his because of his drug use and incarceration. I am married now with another child from my husband and we would like to know if the biological father can still try to claim parental rights. Legal adoption by my husband is pretty much out of the question as we believe that we would still need the ex's consent which he would never give. I have been in contact with him recently and, despite my denying the fact, I do believe that he thinks the child is his although he has never pursued the matter. If he chooses to will time be in or favor or will he still have the same rights as if he had tryed to establish paternity at birth?


Asked on 2/28/02, 8:52 pm

2 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Re: statue of limitations on claiming parental rights

I think it would be "fairest" to caution you that there is probably no 'cut-&-dried' answer to your core question; that instead of there being a "hard & fast" rule the equivalent of a statute of limitations, there will always be an 'entry' for an argument to be raised on the "totality of the circumstances".

In certain circumstances, four years of no contact / no acknowledgement / etc. might be getting "close" to enough time to support an argument for "by-passing" a biological father's consent / participation in an adoption/termination ...

... BUT -

In your scenario, part of that "totality of the circumstances" is your 'deception' - - that is, your striving to persuade the man that he is not the father. It is within the realm of possibility that a Suddenly Alert father could argue that the only reason he hadn't taken steps was because of the course of action that YOU pursued w/re: deceiving him

,&, in the Grand Scheme of Things that is the Family Court, that might be enough to get his foot in the door.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 2/28/02, 9:43 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: statue of limitations on claiming parental rights

I would doubt he would try to assert paternity because he would be liable for child support.

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Answered on 3/01/02, 9:12 am


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