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  1. #1
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    Default New York Custody and Child Support

    My question involves a child custody case from the State of: New York.

    My fiancee has a young daughter with her ex. As of right now they share custody. There have been some financial arguments brewing and I wouldn't be surprised if these two ended up in court sometime in the future. My question is what affect my involvement might have on a ruling. Specifically, I spent time in a few drug treatment/rehab facilities about 15 years ago. Nothing court ordered. I was only ever charged with one drug related offense and the case was dismissed. I'm just curious if any of that (either my time in rehab or my arrest) could be discovered during a custody hearing and how big of an impact that would have.

    Thanks for your help.

  2. #2
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    Default Re: New York Custody and Child Support

    Quote Quoting Doom Tiger
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    My fiancee has a young daughter with her ex. As of right now they share custody. There have been some financial arguments brewing and I wouldn't be surprised if these two ended up in court sometime in the future.
    Just to be clear: Her ex-what? Ex-husband? Ex-boyfriend? Ex-something else? If the answer is anything other than ex-husband, was her "ex's" paternity ever established? If so, how was it established? Are there existing court orders regarding custody, visitation and support?


    Quote Quoting Doom Tiger
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    My question is what affect my involvement might have on a ruling.
    A ruling on what?


    Quote Quoting Doom Tiger
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    I'm just curious if any of that (either my time in rehab or my arrest) could be discovered during a custody hearing and how big of an impact that would have.
    First of all, nothing is going to be "discovered during a custody hearing." Any discovery would take place prior to any hearing. Second, the incident you described would have no relevance whatsoever.

  3. #3
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    Default Re: New York Custody and Child Support

    He's her ex boyfriend. There wasn't a paternity test that I'm aware of but let's just assume for now that he's the father. There has never been any legal involvement of any kind to this point. They just share custody but he doesn't contribute financially and there are other arguments and so there has been some discussion of taking him to court to make sure he pays.

    To be more clear (and if you can't tell I'm only just learning about how any of this would work) my question is: If my fiancee went to court to try and get full custody of her child, would my personal history of drug treatment have any affect on the outcome of that ruling? She's afraid that because we live together my personal history would come in to play. But I don't use anymore and I can pass any drug test at any time, if that matters.

  4. #4
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    Default Re: New York Custody and Child Support

    If they've never been to court, she has sole custody now. Absent a court order declaring him the father, he has inherent rights (assuming he actually is the father), but no legal rights. If she takes him to court for child support, paternity will have to be dealt with and he will be given the opportunity to challenge paternity. If he's dad, then he'll be ordered to pay support but he'd have to file a separate petition if he wants custody or visitation rights.

  5. #5
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    Default Re: New York Custody and Child Support

    Quote Quoting Doom Tiger
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    If my fiancee went to court to try and get full custody of her child, would my personal history of drug treatment have any affect on the outcome of that ruling?
    I already answered that question. Something that old/minor is beyond irrelevant. Also, as you have described the situation, your fiancee already has full custody. While I have no problem assuming the man in question is the child's father, in the absence of paternity being established (which could be done other than by a DNA test), the law considers him no different than you or me. Of course, if your fiancee wants to obtain a child support order, then the court will or may enter orders regarding custody and visitation.

  6. #6
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    Default Re: New York Custody and Child Support

    Well, it doesn't seem to have been stated whether there was a determination of paternity at birth. If the ex signed such an affidavit, it's NOT the case that he's just a random person. He's going to be the presumed father at this point and he has just as much custody right as the mother.

  7. #7
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    Default Re: New York Custody and Child Support

    Quote Quoting flyingron
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    Well, it doesn't seem to have been stated whether there was a determination of paternity at birth. If the ex signed such an affidavit, it's NOT the case that he's just a random person. He's going to be the presumed father at this point and he has just as much custody right as the mother.
    Are you sure that is true in NY? In many states in an unwed situation the mother has sole custody by default even if the father signed the AOP. I do not recall NY being one of the states that treats unwed parents in the same manner as married parents. If I am wrong, I am wrong, but I don't recall it.

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