How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18361
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I am trying to find out what my son needs to do to fight an

Customer Question

I am trying to find out what my son needs to do to fight an a family court decision of dismissal with prejudice. My son petitioned the courts for paternity of his daughter twice, the first time dropping it because the mother of his child told him it was causing undo stress and abuse on her and undo stress on his daughter and he thought he would be getting releashed from shock incarceration but did nt get paroled. He then re petitioned the courts again after the mother of his child cut all ties with the man that was abusing her. He still is in prison and will be released next year. About two years ago the mother of his child started letting him be a part of her life through letters pictures and phone calls, having him ask our family to help her with things needed for their child. The mother f the child had another man sign the birth certificate saying he was the father, that did not even live in the same state when the child was conceived. this man has been arrested many times for domestic violence and so has the mother and endangering the welfare of the child. The lawyer of the child did not talk to any one of my sons or his family about our involvement in my granddaughter life. the lawyer said my son has not put forth any effort into his daughter emotionally or financially and is a convicted felon so the other man is to stay her father, and the court agreed. my son is in prison for burglary and perjury and took responsibility for his crimes. He does not know what to do the law library where he is housed says there is nothing they can do to help him. there has to be he is a good man and never would put his hands on any woman. Please help us get our little lady back into our lifes. ty for your time
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I am trying to find out what my son needs to do to fight an a family court decision of dismissal with prejudice. My son petitioned the courts for paternity of his daughter twice, the first time dropping it because the mother of his child told him it was causing undo stress and abuse on her and undo stress on his daughter and he thought he would be getting releashed from shock incarceration but did nt get paroled. He then re petitioned the courts again after the mother of his child cut all ties with the man that was abusing her. He still is in prison and will be released next year. About two years ago the mother of his child started letting him be a part of her life through letters pictures and phone calls, having him ask our family to help her with things needed for their child. The mother f the child had another man sign the birth certificate saying he was the father, that did not even live in the same state when the child was conceived. this man has been arrested many times for domestic violence and so has the mother and endangering the welfare of the child. The lawyer of the child did not talk to any one of my sons or his family about our involvement in my granddaughter life. the lawyer said my son has not put forth any effort into his daughter emotionally or financially and is a convicted felon so the other man is to stay her father, and the court agreed. my son is in prison for burglary and perjury and took responsibility for his crimes. He does not know what to do the law library where he is housed says there is nothing they can do to help him. there has to be he is a good man and never would put his hands on any woman. Please help us get our little lady back into our lifes. ty for your time
Optional Information:
Country relating to Question: United States
State (if USA): New York
What have you tried so far?: tried talking to the courts they say it is final tried talking to legal aid he is in prison and he can not make phone calls he has done all he can from where he is. I have reached out to all about the children and trying to come up with the money for there help

Response: Regardless of whether he has been involved in his child's life, the Court must hear his Petition to Establish Paternity. The Court should order DNA tests to determine if he is the father. If he is the father, then the child's Birth Certificate needs to be amended and his family (you and other members of the family) should be allowed to reconnect with the child. Unfortunately, since he is incarcerated, it would be difficult to get free legal for him. So, you may have to help him with completing forms and filing the forms with the Court. This means that he needs to file another Petition for Establishment of Paternity and for the Court to order DNA tests and if the tests show that he is indeed the father that he request for visitation rights. Click on the link below for Court forms:
https://www.nycourts.gov/forms/familycourt/paternity.shtml