[Imthemom]

I have legal custody of a 7.5 year old that is not my biological child. I have had custody since he was 10 months old. His biological mother died in January of this year. Paternity was never established for him.
His supposed biological father (who is currently in prison) just petitioned me to court for paternity to be established. He was the boyfriend of the biological mother at the time that I was given custody, however she was hiding from him at the time and in fear of danger for herself and the child. The child does have the same name as this man, but the birth certificate was not signed.
The supposed father has never held a job that I am aware of, his means of support has always been criminal, he has never paid support for the child.
He has had no contact with the child since he was 10 months old. He was not incarcerated for the majority of the past 6 years, and he has always known where I live, he just chose not to make contact.
Is there anyway for me to protest him proceeding with paternity, as it would not be beneficial for the child to pursue a relationship with him?

[aaron]

This is in what state?

[Imthemom]

New York state.

[aaron]

You should look into becoming the child's legal guardian.

If paternity was never established for any father, it does not appear that the paternity action can be blocked:

Proceedings to establish the paternity of the child and to compel support under this article may be commenced by the mother, whether a minor or not, by a person alleging to be the father, whether a minor or not, by the child or child's guardian or other person standing in a parental relation or being the next of kin of the child, or by any authorized representative of an incorporated society doing charitable or philanthropic work, or if the mother or child is or is likely to become a public charge on a county, city or town, by a public welfare official of the county, city or town where the mother resides or the child is found. If a proceeding is originated by a public welfare official and thereafter withdrawn or dismissed without consideration on the merits, such withdrawal or dismissal shall be without prejudice to other persons.