Saturday, July 12, 2014

Can my childs father get visitations without paternity established?

Q:  I was in a 12 year abusive relationship with the father of my last two children(unmarried). On feb. 7, 2014 I returned home to find that All 4 of my children had been adsconded by him and never made it to school that day(he resided there). Same day he took the children he also went to family court and filed a petition gor custody and ODP then took the kids right away. I also filed the same shortly after and reporting my missing children and abuse. After a week of the children were returned with help from nypd. Since then hes made false complaimts against me and I was jailed twice, put a gun to my head in front of my home(was arrested), been to my kids dchools against ODP, Been to my moms against ODP, filed in court under my address and has averted givin his location, coerced the children


A:  David's Answer:  The short answer to your question is no, usually the court will require him to establish paternity prior to granting him visitation rights. That said, is his name on the birth certificate? If yes, then most likely he signed an acknowledgment of paternity which is generally legally sufficient to establish paternity. Your focus may be better served by fighting the custody case itself. Schedule a consult with a Bronx Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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