QUESTION

I live in New York, does my 8 yr olds father have any rights to her, if he has not been in her life and is not on the birth certificate. I'm worried.

Asked on Aug 01st, 2018 on Child Custody - New York
More details to this question:
My daughter is 8, her father is not listed on the birth certificate and has not bee. In her life since I told him I was pregnant. Today he called my mom's house harrassing her, trying to get to me. I'm worried, he might come try and take her from me. Does he have any rights to her at all. I live in NY(Long island). Should I be worried, can I loose her?
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
If your daughter's father wants to be in her life, he's entitled to a paternity test to prove he's the father, and if you simply acknowledge the same, that's not even necessary. And unless you have some reason to keep him away, he's entitled to visitation with your daughter. And your daughter is entitled to have her father in her life, and you should welcome and encourage it, because even after all these years of absence, it's good for her emotional health to have a father in her life. That doesn't mean YOU need to have a relationship with him- if you don't want to, that's your business. But if he wants to be in your daughter's life, you'll have to deal with him in that capacity for your daughter's whole life, so the sooner you accept that fact the better for everyone. That's the bad news. Here's the good news. Unless you are in prison, or a drug addict, or a child abuser, can't take care of your child or are otherwise an unfit mother, there's no way a father who suddenly appears after 8 years of absence can legally take your child away from you. And whether or not he's in your daughter's life, you're entitled to 6 years of back child support, child support going forward until your daughter is 21, to have him share in the cost of your daughter's health and dental insurance, unreimbursed medical and dental expenses, the cost of your daughter's activities (dance, sports, art, etc), religious education, summer camp, and even her college education. Regardless of whether you have a husband or boyfriend who your daughter has come to treat as a father, her real father has to pay you child support- period.  So unless the man is a danger to your child, do everything you can to help get him into your child's life- gradually. He'll have to understand it will take some time to get your daughter used to him, because he's a stranger to her.  But once you have all his contact information, take him to court ASAP and get all the child support out of him that you possibly can. Even if he's flat broke, the judge will make him pay something, and if he has any salary at all it will come straight out of his paycheck to you. The fact that he wants to be in your daughter's life is a blessing.  I know it's hard to see it that way now, but eventually you will. Good luck!
Answered on Aug 06th, 2018 at 10:14 AM

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