Bronx, NY asked in Adoption, Child Custody and Family Law for New York

Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the NICU (came home march 4, 2019) spent maybe a week with her to breastfeed, than maybe March 11, 2019 he has been in my care, we moved out of her house April 14, 2019 and he is still with me. Can she do that

3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: This might work in the short term but not the long term, the best way to handle the situation is through an adoption, an alternative, though not the best is a custody order from a court. In either case, the father would have to be notified of what is going on. I suggest you sit down with an attorney ASAP and discuss the matter for the best solution.

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: Not legally. You have no legal relationship to the child. You can apply to become the guardian of the child. You can adopt the child. But anything you do will need to be by court order. You need to retain an attorney.

David Ivan Bliven
David Ivan Bliven
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: Yes - if the child's biologically yours, then the two of you have arranged for informal custody. That said, you should consider formalizing the arrangement by filing a petition for custody with the Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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