[NY] What are my rights as a single mother with regard to custody and visitation?
Hello, good afternoon. What exactly are my rights in the state of New York as a mother?
26
10
Solved
In New York, an unmarried mother automatically has sole legal and physical custody of a child at birth. This means you have the right to make decisions regarding the child’s upbringing, including education and healthcare.
For the father to gain legal rights, he must establish paternity. This can be done by signing an Acknowledgment of Paternity or establishing paternity through the court. Once paternity is established, both parents have equal rights regarding custody and visitation. However, since the father has not legally established custody and visitation through court, there is no order to enforce on his behalf. If he objects to your requirements regarding visitation, you have the right to restrict visitation.
0
New York Parenting Plan
Create Document
Full Conversation
Hello, good afternoon. What exactly are my rights in the state of New York as a mother?
Lexi, Chatbot
I understand that knowing your rights as a mother is very important. Can you specify whether you are inquiring about custody, child support, or another aspect of parental rights?
Custody and parental rights.
Lexi, Chatbot
Are you currently facing any legal issues or disputes related to your rights as a mother in New York?
I’m trying to petition for a custodial visitation agreement for my child’s father.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your custodial visitation agreement.
There is no court-ordered agreement. His father and I were never married, don’t live together, and we cannot agree on a visitation schedule. The days he does pick up the baby, he makes things very difficult.
Melissa R. Esq.
Hello! My name is Melissa, and I have been an attorney for over 20 years. I am happy to help you with your question.
Hello, I was wondering my rights as a mother for visitation.
Melissa R. Esq.
Absolutely! Let’s walk through that. So I can better understand, are you wondering what rights the father would have, or what rights you currently have?
Yes, both.
Melissa R. Esq.
In New York, an unmarried mother automatically has sole legal and physical custody of a child at birth. This means you have the right to make decisions regarding the child’s upbringing, including education and healthcare.
For the father to gain legal rights, he must establish paternity. This can be done by signing an Acknowledgment of Paternity or establishing paternity through the court. Once paternity is established, both parents have equal rights regarding custody and visitation. However, since the father has not legally established custody and visitation through court, there is no order to enforce on his behalf. If he objects to your requirements regarding visitation, you have the right to restrict visitation.
He already acknowledged paternity, so how does that work?
Melissa R. Esq.
Custody and Visitation Rights: Unmarried parents can petition the court for custody and visitation rights. The court will make decisions based upon the best interests of the child and will consider factors such as the child’s relationship with each parent and the ability of each parent to provide a stable environment.
So if my child’s father is constantly working with only 1–2 days off, how would visitation work?
Melissa R. Esq.
If dad has not yet petitioned for visitation and custody, then there is no order for him to enforce. If he wants to establish a visitation schedule, he would need to go to court.
It depends on what type of visitation he is seeking. When you ask how that would work, would you mind clarifying how I can help you?
And if I don’t want him to have visitation until an agreement is established through court, can I do that? And how would that look in court if he was to argue against it?
I’m asking how many days he would have. He’s arguing for 3–4 days when we only spoke on his off days. We tried to do agreements without the court, but every time he gets upset he changes things.
Melissa R. Esq.
Regarding whether you can deny visitation until there is a court order: You can do that. The only concern is that if you go to court to establish visitation, he may try to argue that you are withholding the child. However, I rarely see courts punish a parent for insisting on having an established visitation order.
As for how many days he would get: I cannot fully answer that without knowing all the facts both of you would present. The general preference of the court is for parents to share physical custody, but this can be modified based on factors such as work schedules, history of care for the child, domestic violence, and other relevant issues.
He only has about 1–2 days off a week and picks up a lot of overtime shifts. I already talked to him about not working on his off days, and he still does. When we spoke about co-parenting, he said he doesn’t feel the need to get the baby anything for his house because he’s rarely home.
I work Monday through Friday. I originally worked 12–6, but now I’ve returned to work from leave and work 9–6.
Originally, we spoke about him watching the baby while I was at work for one week. He was staying the night, dropping me off at work, taking the baby to his house, and picking me up after work. Then he got upset and started going home and picking up the baby instead.
The original agreement was pickup at 8 and drop-off at 6. He came late every time, which made me late for work.
I realized the morning pickups weren’t working. He complained about being too tired to pick up, which was his excuse for being late. I found another solution for mornings and told him he could see the baby on his off days like we originally agreed. Now he’s upset and saying I’m illegally withholding the baby.
The last two days we tried drop-offs again, but it’s still not working. I just want to go to court to establish an agreement.
Melissa R. Esq.
It does sound like the best plan is to insist on a court order. That way, visitation is clearly defined and enforceable, and there is less pressure on you.
So would it be smarter to petition for visits first and then deny visits until it gets figured out in court?
Melissa R. Esq.
I can’t advise you directly on what to do, but if you cannot reach an agreement between you, the only alternative is to address this through the court.
But once again, I have the right to deny visits as of right now until court, correct?
Melissa R. Esq.
I can’t advise you to deny visits, but in the absence of a court order, there is nothing for him to enforce regarding visitation.
Is there anything else I can clarify or explain further for you today?
As far as history of care for the child, I would need solid evidence for court, correct? And what can I use as evidence?
Melissa R. Esq.
You would want to show the court who has been the primary caretaker—who the child primarily resides with, who handles doctor’s visits, daycare, schooling, and daily needs.
You can start a logbook, use doctor’s records, daycare records, messages, or even prepare an affidavit stating you are the primary caretaker. Hard evidence (documents, records, written proof) is always better when available.
Melissa R. Esq.
2,012 satisfied customers
12 lawyers online now
23
9
Answered 2 weeks ago
32
13
Answered 2 weeks ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
