Miami, FL asked in Adoption, Child Custody and Family Law for New York

Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity if his name isn’t on the birth certificate? What if his name is on the birth certificate but he never signed it?

Would it be faster if the father tries to adopt the child instead? Is he allowed to? Is the mom allowed to give the dad custody through her will?

Basically, what would the dad need to do to gain custody of his kid? How long would it take?

2 Lawyer Answers
John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • Divorce Lawyer
  • White Plains, NY
  • Licensed in New York

A: He needs to file a Petition

1 user found this answer helpful

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

A: What the dad needs to do is file a paternity petition in Family Court and name the mother's estate as the respondent and he needs to file a custody petition at the same time.

1 user found this answer helpful

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