Silver Spring, MD asked in Family Law for New York

Q: Am I obligated to send my baby to see her father? What are my rights here?

From the beginning I told him I want her spend time with him and get to know him. I always work with him even when he has attitudes and is angry at the fact that we are no longer together and decided to no longer give me any funds to help me with her. But 3 days ago when I was dropping her to spend time with him we were all in the car & he started a huge argument with me, threatened to damage my car and punch me in the face, my baby was screaming & crying in the back(she is 3 months old). I was afraid and began to slow the car down because he is unpredictable & has choked me while I was pregnant. I still allow him to see her on video chat but I'm afraid to drop her to his house or have him come get her. Ive tried over and over with him, have many witnesses & messages to prove that I've been extremely humble & lenient, even going out of my way to bring her to him with milk and supplies that he no longer helps with. He is also not on her birth certificate. What should I do?

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1 Lawyer Answer

A: He is not on the birth certificate, so technically he has to prove that he is the father through court in order to obtain visitation and custody. Unless you acknowledge the fact that he is the father and then you will be liable to grant him his parental rights. So, for now, you don't have to grant him visitation or custody unless you feel to do so. If he wants to be a part of your life than let him go to court, file for visitation, paternity, and custody. At that point you can argue a case with the help of a good lawyer, using all that you have mentioned here to give him supervised visitation. This might get crazy though before he goes to court.

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