Legal Question in Family Law in New York

Re: Does a biological father out of wed-lock have rights

You must file for custody of the children in the Family Court in the County in which the children reside.

You should also ask your attorney to bring an Order to Show Cause for a TEMPORARY RESTRAINING ORDER (TRO) to prevent her from relocating, etc. The OSC should also request that she surrender her passports, etc.

If you wish to discuss this with me privately, please call to schedule a consultation.

Re: Does a biological father out of wed-lock have rights

You yourself could file for custody in the appropriate court where the children live after paternity has been established either through a voluntary acknowledgement on your part or whatever other means are deemed appropriate in the state of New York.

However, you should be mindful of the fact that just because the mother of these children may be on public assitance and may not be able to provide them with the kind of lifestyle that they

would have if they were in your custody, is not

going to be a reason in and of itself for the court to remove them from her care and custody and give them to you.

Re: Does a biological father out of wed-lock have rights

Was paternity ever established? If not, you must first establish paternity. You can file for joint custody and get a court order preventing her from relocating without the courts permission.