Legal Question in Family Law in New York

Unmarried- absent father

I have somewhat of a rather unique situation. My child was born out of wedlock and his father's name is not on the birth certificate. My child is five and his father has never provided support for him. I intend to marry in the next year and we would like to move out of New York. Do I need to file for sole custody without a father in the picture in order to move? My fiancee would also like to adopt- although I'm not sure how that would work either.

Asked on 5/04/06, 10:20 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Unmarried- absent father

Q. Do I need to file for sole custody without a father in the picture in order to move?

A. It depends if there is an Order of Filiation in effect. If there is no Order, you automatically have sole custody and you can move.

Q. My fiancee would also like to adopt- although I'm not sure how that would work either.

A. If there is no Order of Filiation, and if the real father's name is not on the birth certificate, and the real father has absolutely no contact with either you or the child, all you would have to do is place your fiancee's name on the birth certificate.

Mike.

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Answered on 5/05/06, 8:29 am


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