Legal Question in Family Law in New York
visitation
I am 22, i have an 18 month old son, who i have recently had to do a dna test for, to help me get child care assistance. I live with my b/f and our 1 month old son and my 18 month old son, my 18 month old has known my b/f as daddy. the babys bio dad has only seen him 3 times for very short visits in the past 18 months, he has 6 children now by 3-4 women, he was evading the law by going to california where he was found and extradited back to NY ,He is currently in jail and waiting trial for murder. he has filed papers for vsitation.I am wondering how feasable this is.
1 Answer from Attorneys
Re: visitation
A biological father has any and all rights to his child as the mother of the child has. It does not matter that the father does not exercise those rights or pay child support.
Nevertherless, Given how "busy" he has been, reproducing children, even "when" the court gives him visitation, it is unlikely he will be a constant in your child's life, unless YOU act like his presence is a problem for you and your partner, that he wants it to be.
Good luck,
Phroska L. McAlister,ESQ
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