Legal Question in Family Law in New York

Re: Termination

Your son's mother cannot legally change your son's name w/o notice and your consent.

The "bargain" you suggest would probably be considered as against "public policy," and could be found unenforceable, re the child support termination; especially if the agreement is entered into outside of Court.

Suggest: That, you demand regular inclusion in your child's life, and enforcement of your

parental Rights. When the mother and child object and interfere with excercise of your parental rights, LET HER and the child explain to the Court, on the Record what their position is viz your parental rights, ie., that they wish to terminate your rights. That they refuse to permit you visitation, access, and so forth, eventhough, you do not pose a danger to the health, safety and wellbeing of the child.

Then, you can argue that it is unfair and inappropriate that you should are charged with parental obligations w/o parental rights.

Please note, child support and visitation are "separate issues; But, the Court still has discretion to condition or fashion the payment of child support, using a "fair and appropriate" test, based upon special circumstances.

Good luck,

Phroska L. McAlister,ESQ