Everett, MA asked in Family Law and Child Custody for New York

Q: What do I need to know to prepare for court NYS for child custody if I was unmarried at the time of the child's birth?

My child is 7yrs old. We were unmarried at the time of birth. Her father has had no physical contact since she was 6mo old and the last verbal contact was in 2014. There is an open child support case but he has not made any payments in over 9 months. I am wanting sole custody so that I may make decisions regarding physical or legal situations for my child as I have been her only provider since birth.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Based upon what you have said, you have defacto legal and physical custody of the child as the father has never been part of the child's life. I would recommend that you do nothing until such time as it becomes an issue.

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