In an unmarried situation the mother
is considered to have sole legal rights over the child. The father has no rights unless paternity
has been established either by signing the affidavit of paternity
or by petition for paternity testing. If there are no court orders in place, both parents have the same legal rights and responsibilities to the child. Since there is nothing restricting or limiting your rights to custody, you can leave the relationship and take your child with you. If the father wants visitation
or custody rights
, he would need to petition the court for those court orders.
In general the non-custodial parent
is obligated to pay child support
. This means you can file with the state or through the courts to get a child support order in place
. Child support will be based on the income of both parents and any other needs the child may require.
Unfortunately New York does not recognize cohabitation
as a common law marriage
, so you do not have rights to be considered a common law spouse and will be unable to claim a share of his money. As to the debt, each party is responsible for the debts in their own name, unless you can prove he agreed to be responsible through a verbal or written agreement (meaning you would have to sue for his contributions).
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