Legal Question in Family Law in New York

Total confusion for a Young Father

When i was 17 me and my then girlfriend had a child. I was present at the birth,thought i filled out papers but ended up not on the birth certificate? I was taken to court for custody getting joint custody with the mother getting final say.(still not on birth certificate) Being young and stupid i allowed her to control me and my son, thinking that final say ment we do what she says. She would play many games when it came to seeing my son. Finally after dealing with the difficulties of her and her parents i gave up. i called for 2 weeks straight and stopped at the house but no one would talk to me. I did not see my son for 3 years. Now he is 5 and i am 23, i want to see him but am not on the birth certificate. I tried to call the mother whom said i cannot see him. what do i do first? patition the court for paternity? or patition the court for custody? we have an agreement. I'm very confused i just want to see my son and help support him. My childs mother is a very difficult person, can she stop me from seeing my son?


Asked on 10/13/03, 10:46 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Total confusion for a Young Father

Q. what do i do first? patition the court for paternity? or patition the court for custody?

A. You would petition the Court for both. This is assuming you want custody. You can also petition the court for both paternity and visitation.

The petition must be filed with the Family Court in the same jurisdiction that the child resides. The intake room at the Family Court can help you complete the petition.

Mike.

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Answered on 10/14/03, 8:05 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Total confusion for a Young Father

PREPARE YOUR EVIDENCE FIRST. It will be necessary for you to learn how to collect important evidence to protect yourself, even at this stage of the proceedings - and you must act quickly for that evidence to be effective. You can take advantage of our FREE CONSULTATION for 15 minutes to get a general idea as to what you should be doing and to get a better understanding of the process.

No matter which lawyer you choose, you should put together evidence of why you are a better custodian and why the mother is not.

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Answered on 10/14/03, 1:09 pm


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