Saint Paul, MN asked in Child Custody for New York

Q: Does an unmarried father of a child listed on the birth certificate and living with the child have legal rights

If he and the mother part. He is currently living with the mother and child and had been for all the years of the child's life

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1 Lawyer Answer
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: Yes, the father has the right to shared access (that is, e.g., custody, visitation, parenting time, possibly child support and, absent extraordinary circumstances, the right to joint legal custody). A significant issue suggested by your location(s) is jurisdiction and venue. If you reside in Minnesotta, and the child resides in New York, you will first want to figure out what state and which court has jurisdiction. If the child has been removed from one state and has resided in the other state for more than 6 months, the latter would likely have jurisdiction over the case. I strongly urge you to consult a qualified family law attorney.

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