Can You Get Custody Rights if You're Not the Father But are On the Birth Certificate

My question involves a child custody case from the State of: NEW YORK

My then girlfriend and I got together after she was pregnant (sperm donor). I was there for her emotionally, physically and financially. My name was put on the child's birth certificate. I was and continue to be there for my daughter K. I continue to support her in any way that is needed of me. The mother and I were amicable. However, recently I discovered (and have proof) of her mother snorting cocaine, "legal highs", she calls them. After she was involved in a car accident (supposedly no drugs were involved this time), she discharged herself from the hospital and went out to party where AGAIN she did drugs ("legal highs") - she does cocaine if it matters.

Not to mention that recently, my ex's new boyfriend badmouths me (again, I have proof), confessed to assault of another person to me (she was there as a witness and heard it) and just seems like he poses a threat to my child.

Can I sue for some sort of custody? Resedential? Sole? I'm desperate and anything helps. I just want to keep my child safe and out of the system

Sure. You can file for custody. The litigation will take many months and you'll probably not get it as the standards for motherhood are pretty low.

If you really think that your child is in danger call CPS and have them investigate the situation and your "proof."

Does your girlfriend know who the biological father is ? If she does, the biological father might be able to take you to court. If a DNA test is done, it will prove you are not the biological father. How old is the child ?

She doesnt know him or vice versa. The child is now 2

Well, you and her do have some issues, don't you? You fraudulently put your name on the BC. You aren't the father and you weren't married. At any rate, it doesn't matter much now.

You can sue for custody and be prepared to be ordered to pay child support. This means that you will have to deal with mom's boyfriend. That he is an ex felon is immaterial. According to your original post he's not hit mom, he's not hit the kid and having a history of assault is irrelevant. That mom does drugs could aid your case a bit but bear in mind that the parenting bar is super low. If the kid is cared for (and it doesn't have to comply with your elevated standards) then you don't have a whole lot to go on.

If you choose to pursue this then you will need to contact an attorney. This could be...messy.

You're in the same position as any other legal father -- you're on the birth certificate, so you can seed a custody and visitation order.

Your ex-girlfriend is not in a good position to dispute paternity, as more than two years have passed and she participated in the execution of the fraudulent AOP. It is possible that the biological father would try to establish paternity, assuming that your girlfriend brings him into the picture -- and, although a two year absence doesn't work in his favor, if you think that's possible it would make sense to consult a custody lawyer.

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Quoting John.p

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My question involves a child custody case from the State of: NEW YORK

My then girlfriend and I got together after she was pregnant (sperm donor). I was there for her emotionally, physically and financially. My name was put on the child's birth certificate. I was and continue to be there for my daughter K. I continue to support her in any way that is needed of me. The mother and I were amicable. However, recently I discovered (and have proof) of her mother snorting cocaine, "legal highs", she calls them. After she was involved in a car accident (supposedly no drugs were involved this time), she discharged herself from the hospital and went out to party where AGAIN she did drugs ("legal highs") - she does cocaine if it matters.

Not to mention that recently, my ex's new boyfriend badmouths me (again, I have proof), confessed to assault of another person to me (she was there as a witness and heard it) and just seems like he poses a threat to my child.

Can I sue for some sort of custody? Resedential? Sole? I'm desperate and anything helps. I just want to keep my child safe and out of the system

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You can file for custody yes - establish your paternity in court. It's not illegal for her boyfriend to badmouth you and her saying he assaulted someone doesn't mean it happened. Drugs - the court will give any parent who is a drug addict a million chances to get clean and be a parent. There's a low threshold for parenting in this country.

If you got custody, she would get some kind of visitation. Go talk to a family law lawyer and see what he or she tells you your options are.

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Quoting John.p

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She doesnt know him or vice versa. The child is now 2

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She had to have known the biological father for at least a few minutes when the child was conceived.

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Quoting Mercy&Grace

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She had to have known the biological father for at least a few minutes when the child was conceived.

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^^^ Like

Sperm donor as in she went to a sperm bank and got inseminated.