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 Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1530
Experience:  Practicing Attorney with 10 years experience
Type Your Family Law Question Here...
Asad Rahman is online now
A new question is answered every 9 seconds

This isn't going to make me sounds good. But here goes. The

Customer Question

This isn't going to make me sounds good. But here goes.
The woman I allegedly got pregnant went to prison soon after telling me. When we met I was separated. We agreed to keep it secret and give the child up for adoption. She has two children; one in foster care, the other I believe lives with the father, having terminated her parental rights. I have no interest in being a father. Adoption seemed like the best course to give the child a loving, supportive home.
Once she was in prison we moved forward with the adoption proceedings, and it was going well. We found a great family that we both loved. Everything was set up. But a few days before the baby was born she backed out. Reluctantly, I just let it go and hoped for the best. I the meantime, for the past year, I've been supporting her in prison; keeping her phone on, and sending her money.
Once the baby was born DFS started sniffing around about me. She never gave up my name. But she slipped and told it to the foster mom one day. Today my wife opened a letter for a court ordered paternity test. Suffice to say that didn't go well.
The mother gets out of prison on Wednesday. I'm picking her up and she's going into a halfway house. She desperately wants to raise the child and take him to live in Texas with the rest of her family. I support that.
But now I have no idea what to do.
Submitted: 1 month ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 1 month ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today. At the end of this discussion I'm going to ask you to please rate me, as I am not an employee of this site but an independent contractor, so that's the only way I get credit for my time here today—this is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney. The attorney herein is licensed in NY only, but I’ve been licensed for 36 years, which is a long time.

What are you looking to do? I'm asking you because the mother wants the child and you have no objection to that. You can take the paternity test and make sure you are the father, or not, and go from there. But I'm not sure what you're looking to do. Do you want to stay with your wife and make things work out? Do you want to be with the other woman? I'm not judging you whatsoever. I just want to see what it is that you want to do so that I can help you.

It sounds to me from what you're saying that you have no interest in being a father so you're not looking for visitation with the child if you turn out to be the father. So it would help me to know what you're looking for. I suspect that saving your marriage is what you're talking about but I'd rather hear from you what you want. Also keep in mind that the mother of the child has had an unsavory past -- jail and lost rights to one child, and the other child with dad. She may not be stable so she may end up losing rights to this child too. You have to keep that in mind.


Expert:  Law Tutor, Esq. replied 1 month ago.

Hello. I would be more than happy to speak with you by phone. You have a very complex situation here. Would you like to speak by phone?

Expert:  Asad Rahman replied 1 month ago.

i am sorry to hear about your situation. You can mutually agree to terminate your parental rights giving sole custody and all rights to the child to the mother. Alternatively you can set up a court ordered custody situation wherein you would have to pay child support.

Expert:  Asad Rahman replied 1 month ago.

At this point, is it clear that mother will even get the child back since she has been in jail?

Expert:  Asad Rahman replied 1 month ago.

Let me know if you have any additional questions. Otherwise a positive rating of 5 stars would be greatly appreciated.

Related Family Law Questions