Q: I'm I correct that a non-biological parent (known as dad) has standing to petition the mother (his ex) for visitation?
The mother dated the petitioner, who provided support, from the time the child was 2 until recently (the child is now 9). The biological father is not with the mother, is not on the birth certificate and did not sign an affidavit of paternity; the mother has full legal and physical custody. Mother now dates a new guy and has stopped the petitioner from seeing the child (for years he saw her every Friday and Saturday and picked her up from school Daily).
Basically, (1) does this non-biological parent have standing and (2) is the best interest of the child standard still applied?
Thx
A: A great deal depends on your jurisdiction but, in New York, a non-biologically related "significant other" that has developed a meaningful and nurturing relationship with a child can petition for access (a/k/a visitation, phone/"FaceTime" or "Skype" contact). The cases are fact-specific and depend on the nature and duration of the relationship. I strongly recommend that you consult an experienced Family Law attorney asap. The longer the "interruption" in contact lasts, the weaker your position becomes.
A:
See: http://www.aeesq.com/divorce-attorney/child-custody/
That is possible. More details are necessary to provide a professional analysis of your issue. 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, www.AEesq.com. 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.
Aubrey Claudius Galloway agrees with this answer
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