Legal Question in Family Law in New York
Unwed father's rights
What rights does an unwed father have. The mother of my child is deceased and the child is now residing with a maternal aunt. She says she has papers signed by her sister before time of death. I want custody of my son. What are my rights as an unwed father and what if any are some of the obstacles to custody of my son. I will be pursuing a paternity suit as a prerequisite to filing for custody.
2 Answers from Attorneys
Re: Unwed father's rights
Yuu do not give your child's age, nor do you explain where you have been all of your child's life. Are you paying child support?
You also do not explain why you did not bring the paternity case sooner. It would have been easier to do the blood tests while the mother was alive.
The Court will not just accept your word that you are the father, even if you believe that you are, without the mother's consent or a DNA test.
However, if you have been paying child support through a court order, then you may not need to bring the paternity case, since there would have to be a Filiation Order in existence.
www.BravermanLawFirm.com
Re: Unwed father's rights
The question isn't so much what 'rights' do you have but rather - what chance do you have in convinvcing the court that you want custody. There is a presumptive right that a parent has to the custody of their child. Having done some work for father's rights groups I have found that it varies from court to court as to what standard the judge will use. The presumptive standard is the "best interest of the child" - however - like counting chads - that is a bit nebulus. Therefore - these cases become very fact specific - as to what the fitness of a parent is - and what can be proven to be the best for the child. Go for it - and best of luck to you!
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