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  1. #1

    Default Unmarried Couple Living In Separate States

    My question involves paternity law for the State of: CA & NY

    I have a rather interesting case, I reside in CA, my ex-girlfriend lived in CA but moved to NY before she was aware that she was pregnant. The child is not born yet. She is currently with her long term previous partner, that is a same gender relationship. The two of them have always wanted to adopt a kid and I never wanted children so I am wondering the following:

    1) Does my situation follow CA or NY law?
    2) What are my obligations in terms of child support?
    3) Her and her partner, is it possible to adopt the kid with my consent or perhaps even sign the birth of certificate together?
    4) Can I deny my parental rights which will also affect my parental obligations? Or can I deny my parental rights and have a private arrangement with her in terms of a monthly payment?

    Thanks for your time.

  2. #2

    Default Re: Unmarried Couple Living In Separate States

    I forgot to add the child will have her last name not mine.

  3. #3
    Join Date
    Jan 2006
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    Default Re: Unmarried Couple Living In Separate States

    1) Does my situation follow CA or NY law?
    that would depend on who files something with their respective states court.


    2) What are my obligations in terms of child support?
    that would depend on her seeking support or not.


    3) Her and her partner, is it possible to adopt the kid with my consent or perhaps even sign the birth of certificate together?
    Not familiar with same sex adoptions in New York.


    4) Can I deny my parental rights which will also affect my parental obligations?
    Or can I deny my parental rights and have a private arrangement with her in terms of a monthly payment?
    Is she does not claim a specific father, the child will simply not have a father listed. If she wants support from you, you can accept parentage or deny it. If you deny it, she can ask the courts to demand a DNA test if she wants. If you and she do not want to list you as the father and you agree on CS payments, then that is what it is, until somebody tires of the situation and heads to court to make things official.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4

    Default Re: Unmarried Couple Living In Separate States

    She is currently unemployed so she is getting help from the State (medicaid). Can the State force her to ask for child support or is purely her choice?

  5. #5
    Join Date
    Jan 2006
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    20,715

    Default Re: Unmarried Couple Living In Separate States

    Quote Quoting curious_party
    View Post
    She is currently unemployed so she is getting help from the State (medicaid). Can the State force her to ask for child support or is purely her choice?

    the state WILL demand she ID the father so the state can seek repayment for the funds for the delivery and childs benefits from the father. She has no choice in the matter.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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