Legal Question in Family Law in New York

unwed maternal rights

A short term relationship led to an unplanned pregnancy with father undecided as to whether he wants to parent. Not listed on birth certificate because no interest at that time. 7 months later I (the mom) am served with paternity/joint custody hearing papers. Relationship ended in 3rd month of pregnancy....does he have a right to share this child? I am moving to another state in 2 months....can he prevent this????


Asked on 3/28/07, 11:13 pm

2 Answers from Attorneys

Re: unwed maternal rights

The test to be applied by the courts is "What is in the best interests of the child?" The end of a relationship between the parents generally will not abrogate the child's right to have a meaningful relationship with both biological parents as it grows and matures. Children raised without two parents are at much greater risk than children raised with access to both parents, so generally, a court will order joint legal custody with one party to have primary physical custody and the other to have regular visitation. I recommend you consult with an attorney who specializes in family law.

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Answered on 3/28/07, 11:21 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: unwed maternal rights

Despite the fact that your relationship ended early on in your pregnancy, the father has a right to establish paternity and to have a relationship with the child. NY will permit him visitation once paternity is established and will probably issue an order of joint custody. The courts have a policy of both parents maintaining a relationship with the child. IN addition though, once this is ordered then the father will be responsible to provide financial support. Once there is joint custody, you must apply to the court for permission to move and that will be determined based on what's in the best interests of the child, the court will look at several factors.

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Answered on 3/29/07, 7:42 am


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