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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I leagaly get custody or visitation rights if I'm not

Customer Question

Can I leagaly get custody or visitation rights if I'm not the biological father, or have my name on the childs birth certificate? I l live in the state of NY and have raised the child since birth for the past nine months with his mother. We just broke
up three days ago. What are my options?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
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Expert:  Ely replied 2 years ago.
This is called "standing." A non-parent has standing in NY for visitation. See N.Y. Dom. Rel. Law 72, 240, and the following case precedents: In re Carl S., ___ Misc. 2d ___, 637 N.Y.S.2d 607 (Fam. Ct. 1995) (stepfather of children placed in foster care is entitled to seek visitation); Boland v. Boland, 186 A.D.2d 1065, 588 N.Y.S.2d 485 (1992) (stepmother lacked standing to seek visitation with former stepdaughter).
Expert:  Ely replied 2 years ago.
Someone in your situation may file for visitation, and would have to show that a close bond has been established between you and the child, and that the visitation would be "in the best interest of the child." Given if one has raised the child since birth, the Court is likely to agree to visitation.Good luck.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct.. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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