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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117433
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is a 34-year-old female who has been engaged to

Customer Question

***** ***** is a 34-year-old female who has been engaged to the same man ***** *****, for 6 years. They have one son ***** ***** Jr. born 7/14/09 (age 5 years 10 months). Joe Sr. signed the paternity acknowledgment in the hospital at the time of the child’s birth and has been raising ***** ***** Jr. in the same house as the child and the child’s mother, ever since. He is employed, and has been with the same company for many many years (not unsteady in his job). ***** ***** Sr. loves his son and has provided a stable living arrangement for the family.
However, Jane has been having an affair with a man (Martin David) since before the birth of her son. Biologically, ***** ***** Jr. is Martin’s. Martin is an alleged bigamist (1 wife in Atlanta and 1 in NYC), with over twenty children throughout the NYC area and country. He currently has 2 children due, by other women, this summer. He is involved in illegal activities for work. He has made no effort to provide any financial or emotional support to the child in question, since the birth in 2009. He has seen the child only rarely, but has provided nothing, despite knowing that ***** ***** Sr. was raising the child as his own.
He was recently jailed for several months, for child support arrears in upstate NY (for one of his known children). He lives with (one?) of his wives and a young daughter, though he has 2 children due later this year, with other women.
Since Jane recently ended all ties with him to end their affair and lead a more stable life for herself, son, and family, Martin became enraged and came to their house with threats of violence and retaliation against Jane.
Subsequently, Martin filed an order for paternity, visitation, and custody, with family court in Nassau County, NY, on 5/4/15. Does he have any rights or claim to this child? The child knows of him but wants nothing to do with him, and is afraid. He has lived in the same home with his parents and is well-cared for, since his birth.
Please tell me if he has any rights or chances of inserting himself into this child’s life???
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.The only way Martin could assert any rights over the child, since another man has acknowledged paternity would be to file a paternity action as he has done. If the DNA testing proves Martin to be the biological father, then he would be entitled to paternity rights and would be ordered to pay child support as well. He could legally assert a claim I am afraid for visitation (no court would give him custody based on the above situation described at this point unless the mother is proven unfit). Sadly, the law does give Martin the rights to seek paternity rights including visitation with the child, but if you can prove his conduct and that he is not a fit parent (as you described) and his failure to continually support his children, the court is likely only to allow supervised visitation at the most until he proves to the court that he is fit and paying his support.