Legal Question in Family Law in New York
Family Law - Visitation
The father of my child has not been around since we found out I was pregnant. When my daughter was 6 months old, he took me to court to get his name on the birth certificate. He was ordered to pay $50 a month because he was unemployed. After the court date he took off and I have not seen him since. I have also never ever received any child support from him. Now my daughter is almost 5 and he is taking me to court to get dual custody and visitation rights. He lied on the court papers saying that he's been paying child support the whole time, which he hasnt. I havent seen a dime.
I do not want him getting any rights to her. The last time he saw her was when she was 6 months old and he hasnt made any attempts to see her since. She doesnt even know who he is. In her eyes, her dad is my boyfried of 2 years and he is planning on legal adopting her once we get married. I just dont understand why after almost 5 years of not even bothering with her, that now he wants to get rights.
Would he even stand a chance in court? I want his rights revoked completely. What can I do to make this happen?
2 Answers from Attorneys
Re: Family Law - Visitation
You have to be aggressive in your defense of his duel custody petiton and visitation petition.
Obviously a defense would be non-support and the father has not been in the child's life and it would not be in the best interest of the child to have visitation starting at this time.
The standard is "best interest of the child" in determing joint custody and visitation.
Many courts bend over backwards to try to establish a relationship between father and child.
Now, you must learn what are his motives for duel custody and visitation.
Obviously, he doesn't want to pay support.
So, bring him back to court for a violation of a support order, and to increase his support. He may back down and allow your fiance to adopt the child.
In the meantime, retain a lawyer who practices in this area of law.
If you would like to discuss this matter further, or wish to retain the services of this office, please feel free to contact me.
Re: Family Law - Visitation
You need a lawyer. He has a very steep mountain to climb but you have to protect your daughter. Tell the court you want a guardian ad litem appointed for your daughter. Tell him that the guy hasn't paid a dime. I doubt he will be able to prove otherwise (receipts etc.) Also make sure you speak to a child advocate in your area. See if there is a child psychologist who will see your child and inform the court of how dangerous it is to the psychie of the child to now find out about the father who abandoned her at birth.
Finally get married and start the adoption proceedings.
You better act aggresively or you risk your child's well being.
BTW I bet what her really wants is money from you and your fiance. Do not give it to him.
Good luck.
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