Legal Question in Family Law in New York
visitation
My 2 year old son has never had a father legally established. The relationship with his biological father was abusive and tumultuous at best. When the relationship ended, I was unwilling to push the issue for fear of retrobution. I haven't heard from my former boyfriend in a year. He is now requesting visitation of the baby, even though paternity has never been established and hasn't previously shown interest in a year. I feel that this court appearance is related to my recent marriage to another man. Does my ex have the right to request visitation even though he's not legally my son's father? How will this affect my current husband's ability to adopt my son?
1 Answer from Attorneys
Re: visitation
Well paternity should be established first when you go to court. If he is not the biological father then he has no standing to request visitation. Before your husband can adopt him, his biological father will have to be brought into the fold so as to give him the opportunity to state whether he will terminate his rights.
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