Legal Question in Family Law in New York
Vacate Paternity
I filed to vacate because I signed acknowledgment after biological father told me to do so, now I want to terminate and establish paternity and child support from the father, also no visitation rights. He stated he wants nothing to do with our son. I had a hearing and was told by the judge to seek an attorney to represent me, however I do not have any money available. How can I represent myself and would should I say in court?
3 Answers from Attorneys
Re: Vacate Paternity
This is confusing, but 1st things 1st.
1. If you have no money, then ask the court to appoint a lawyer for you from the 18B panel.
2. If the man who acknowledged paternity is the actual biological father, then it is best to not vacate.
3. You can still ask for child support even if you waived (gave it up) in a signed document. Support is for the child, not for you. Technically, you don't have the legal right to give away the property of your child.
4. In the same way 'visitation' is the right of the child, not the parent. If he wnts to see the child you have no power to stop him.
But, you can ask for special conditions to qualify him to see the child. For example, you can require that he only have 'supervised visitation' at a 'mediation center' or church or similar place. You can restrict him to specific days and times.
To get supervised visitation you must state that he has a violent temper and you have seen him act violently and similar things. Only say this if it is true, otherwise it will boomerang on you.
5. If you go to court, just tell the judge in simple language what you want: (i) paternity upheld, (ii) support, (iii) limited (supervised) visitation, (iv) and an order of protection for you against him because you are intimidated by him.
Re: Vacate Paternity
This is confusing, but 1st things 1st.
1. If you have no money, then ask the court to appoint a lawyer for you from the 18B panel.
2. If the man who acknowledged paternity is the actual biological father, then it is best to not vacate.
3. You can still ask for child support even if you waived (gave it up) in a signed document. Support is for the child, not for you. Technically, you don't have the legal right to give away the property of your child.
4. In the same way 'visitation' is the right of the child, not the parent. If he wnts to see the child you have no power to stop him.
But, you can ask for special conditions to qualify him to see the child. For example, you can require that he only have 'supervised visitation' at a 'mediation center' or church or similar place. You can restrict him to specific days and times.
To get supervised visitation you must state that he has a violent temper and you have seen him act violently and similar things. Only say this if it is true, otherwise it will boomerang on you.
5. If you go to court, just tell the judge in simple language what you want: (i) paternity upheld, (ii) support, (iii) limited (supervised) visitation, (iv) and an order of protection for you against him because you are intimidated by him.
Re: Vacate Paternity
This is confusing, but 1st things 1st.
1. If you have no money, then ask the court to appoint a lawyer for you from the 18B panel.
2. If the man who acknowledged paternity is the actual biological father, then it is best to not vacate.
3. You can still ask for child support even if you waived (gave it up) in a signed document. Support is for the child, not for you. Technically, you don't have the legal right to give away the property of your child.
4. In the same way 'visitation' is the right of the child, not the parent. If he wnts to see the child you have no power to stop him.
But, you can ask for special conditions to qualify him to see the child. For example, you can require that he only have 'supervised visitation' at a 'mediation center' or church or similar place. You can restrict him to specific days and times.
To get supervised visitation you must state that he has a violent temper and you have seen him act violently and similar things. Only say this if it is true, otherwise it will boomerang on you.
5. If you go to court, just tell the judge in simple language what you want: (i) paternity upheld, (ii) support, (iii) limited (supervised) visitation, (iv) and an order of protection for you against him because you are intimidated by him.