Schenectady, NY asked in Adoption, Child Custody and Family Law for New York

Q: Can I file a petition to have legal parental right to my boyfriends baby ?

I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There are no court orders currently assigning anyone parent legal or physical custody. However I’m the primary financial person in this scenario, and my boyfriend and I have him Thursday through Sunday. A discussion arose as to what would happen if my boyfriend and our baby’s mother were to pass( hypothetically)- where would the baby go? Because I’m not biologically related to him , I fear I’d have no rights. My boyfriend works away a lot and honestly, I’m the only father our child knows. Is there a way for a baby to have 3 parents ? How would I accomplish this ? ; since both parents are in agreement that we should have everything split in 3 ways. Please help .

Thank you,

Juju’s daddy.

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

A: In NY you can

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

A: To do this, you would have to file a custody petition in family court. When the case is heard, you can all agree to joint custody with parenting time as you agree.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.