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

Q: If a child was born before my ex-wife and I got divorced. Am I legally the father in NY state? Can I get custody?

She was living in Florida and we had sex about the time the boy was conceived. According to Florida law, he is legally my son. His maternal grandmother got guardianship in Florida and brought him back to Westchester county. I have been living in Westchester the entire time. At the time the mother told me that she thought he was not my son. Now she tells me that she thinks he is. I would like to get custody of him. I am the custodial parent of his sister.

1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • Divorce Lawyer
  • San Francisco, CA
  • Licensed in New York

A: You can file for child custody rights in NY over any child that is biologically yours, regardless of whether you were married or not at the time. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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