Legal Question in Family Law in New York

legal custody of child

I am currently married; however, my wife had an extramarital affair, which resulted in a child. This child is legally mine according to the birth cirtificate, but the birth father is still in the picture. The child is now almost five years old and I provided full support. I guess my question is what are my rights in regard to legal custody of this child? She says she will not hold me to child support payments if we should divorce; however, I do not fully trust her. I know I am iprobalbly in quite a mess, but is there anything that I can do at this point?

Thank you in advance,


Asked on 4/24/98, 9:20 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

parental status & public policy

One hopes that at least some of the time over the 5 years you have known delight and joy as the child's father - and that you will continue to do so, in fact!

This issue is pretty firmly understood (even if not necessarilly so 'writ') as being governed as much by public policy considerations as by legal analysis ->YOU are the father of the child, for all intents and purposes. [Yes, including support in the event of a divorce]. Why, even if the mother were to wed the biological father at this point, I think it likely that the 'system' would rather he went thru an adoption than a paternity action ... but, contrariwise, you will never succeed in challenging paternity for the purpose of avoiding support - in my humble opinion.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 5/14/98, 7:12 pm


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