New York Divorce Attorney Discusses Child Custody
Question:
The ex-Boyfriend and spouse had a baby together. They broke up before baby was born, the father is not on the birth certificate. The father lives in Massachusetts, and the mother lives in New York. Does the father have custody rights to the daughter or does the mother have full custody?
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Answer:
As an experienced New York Divorce Attorney, I know that before the Father can seek custody, paternity must be established. While I cannot speak to the laws in Massachusetts, in New York State he can file a Paternity Petition simultaneously with his Petition for Custody. You do not need to provide the Father with access unless and until paternity is established. If there is any doubt that your ex is the Father, I do not recommend that you encourage or establish a relationship between him and your daughter until paternity is established. BUT, if you are certain he is the Father, denying him access could encourage him to file a Custody Petition in order to gain access.
Until there is an Order of Custody, you do have full or “sole” custody of your child. Upon an application of either parent, the court can make an Order of Custody concerning your child. There are two types of custody– Legal Custody, which is decision-making, and Physical Custody, which is where the child resides. Often, locally, the courts will Order joint legal custody, with physical custody to one parent and a schedule of visitation to the other. I suggest that you consult with an experienced local family court attorney to discuss the specific facts of your case and how best to proceed. It may potentially benefit you to commence a Paternity Proceeding and a Child Support proceeding in New York, before he files anything.
Do you have questions about child custody rights? If so, contact the experienced New York Divorce Attorney Jennifer Sunderlin Morton.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced New York Divorce Attorney. This does not consent an attorney client relationship.