Legal Question in Family Law in New York

Re: unwed father's rights to unborn child

Q. Does an unwed father have rights to accompany pregnant woman to prenatal visits after unwed mother to be breaks off engagement?

A. Probably not. Since the fetus is not a child under the law, the mother's rights to privacy with her doctor come first.

Q. When and how does my son file for custody and or visitation rights?

A. After the birth, son can petition the Family Court for joint custody and visitation.

Mike.

Re: unwed father's rights to unborn child

There is no paternal pre-natal right in NY. There is however a right to privacy and your grandchild's mom has a right to privacy in her exams and conversations between her doctor's and herself. If she is harming herself and thus the unborn child, then steps can be taken to have her monitored until the child is born.

As for Custody and Visitation, your son must go to family court once the child is born. It will also probably be necessary for him to prove paternity and to add his name to the birth certificate.

It would be wise for him to consult with a family law attorney who can prepare the path for him.

If he would like to speak to someone about this he is welcome to call my office. I can be reached through the links provided below.

Good Luck.

Re: unwed father's rights to unborn child

You son can file to prove his paternity rights and he can file for visitation rights. This is a very serious matter and your son should contact an attorney.