Wednesday, October 16, 2013

The biological father of my child can fight for full custody, after 7 years of being absent father?

Q: The biological father of my son (9 yrs) is not on the birth certificate, but I have not sought child support from him because I thought it was not necessary since my husband has been the person who has given everything to my son for all these years, and I mean since my son was born. The verbal agreement between the biological father and I was $ 100 per week since (September 2011 to Present) when he feel or want to send the money, he never was punctual with that. When I asked him for spend time with my son he decide stop sending money and change his phone number. Now he wants to get on the court to put the last name including renaming my son. Also he wants full custody, when he never have the time to be with my son sharing. What I could do in this case?

A:  David's Answer:  It's very unlikely, on the facts that you've presented, he'll win custody. That said, he can certainly ask for it and you would then need to defend the case. You should therefore give thought to suing him right back with a petition for child support. For a full assessment, schedule a consultation with a NYC Child Custody attorney.   -- David Bliven, Bronx Child Custody attorney (

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