Queens, NY asked in Family Law for New York

Q: Hi, I have a question regarding my newborn child who was born on June 25th.

unless There is any kind of restrictions or any official order, do I have the right to ask the mother to bring my Son to my house or if she don’t want to come , can I bring the Child alone?

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2 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: You should file a petition in Family Court for joint legal custody and parenting time. You may have to take a paternity test, if the mother does not acknowledge that you are the father. She will also most likely file a petition for child support. Child support for one child is 17% of your gross income less FICA taxes and any other child support you may be paying by court order.

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

A: If you signed an acknowledgment of paternity in the hospital, then you both have equal rights to the child. You therefore can bring the child to your house. If an acknowledgment was not done, you have no "formal" rights until you are established as the father. You would do that by filing a Paternity Petition in family court. If you do that, expect the mother to file for child support. You will also have to file for custody of visitation with the child to get a court order that gives you either custody or visitation. That petition will have to wait for the outcome of the paternity petition.

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