Q: Boyfriend and I together for four years. We have two kids plus my son. A women he slept with 3 months before we meet, told him he was the father of her baby. Now three, he's been taken by cps about six months ago. He was being left alone in the house and physically abused by her ex boyfriend. This is the second child she has lost to cps. My boyfriend filed a petition and was given a court appointed paternity test, and was deemed the father of this child. My questions are how does the court decide who gets the child? Do we need to be married? Does he have to be on my lease? What type of home qualifys? Does he have to work? What type of past criminal record will effect it? What can we do to get him? Will he have to pay past dss expenses? How long does this take? How Is It decided? Phew!
A: David's Answer: He needs to file a petition for custody. I don't think his name being on the lease or you being married are major factors, but the Court will certainly want to know how he'll be able to support the child. If he doesn't have a job & for whatever breaks up with you, the court won't want to run the risk that if that happens the child goes right back into foster care. Violent felonies - especially involving children - may have an impact; anything else would need to be assessed on its own. A custody case could take several months. He's best advised to schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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