Ask a Legal Question
  1. #1

    Join Date
    Jul 2009
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Pregnant and can't get in touch with unborn baby's father

    My jurisdiction is: New York

    I had an affair with a married man who is going through a divorce. The last time I saw him, we got into a huge fight. Ever since then, he has not answered any of my phone calls or e-mails. I'm not even sure he's been listening to the messages I left or read any of the e-mails I sent (in fact, I think he may have blocked me or changed his e-mail address completely).

    I am now 2 months pregnant by this man (it's also been 2 months since I last spoke with him). I want an abortion but can't afford to get one. I'm going to need his help in paying for the abortion. If I don't get this done by August 10th, it will be too late. Is there any way to get him to talk to me about this situation? I've considered confronting him in person since I know where he lives, but am not sure this would be the best idea. I don't want to deal with a restraining order. I'm worried he's going to file a restraining order just because I've been calling and e-mailing too much. Is this possible? This issue is important. I also suspect that that he may have children with his wife that he never told me about and is trying to get custody.



    If I end up giving birth, what are his legal obligations? How would it affect his divorce? If he really does have children, how would this affect his chances of getting custody?


  2. Join Date
    Jan 2010
    Location
    New York City
    Posts
    4
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I just noticed this post and it doesn't look like anyone answered. At this point, I'm assuming you've either given birth or found a way to pay for the abortion. I am answering the last part of your post, regarding what his obligations would be if you do have the baby:

    In NY, both parents are responsible for the support of a child until he/she turns 21. If the father is refusing to admit that the child is his, you can file a paternity petition and the court will order DNA tests on you, the child and the alleged father. If he is determined to be the child's father, then you could file a petition for child support. Child support is always ordered; the amount awarded would depend on the parties' income and expenses, taking into consideration other children who are not part of the case.

    As far as the father getting custody of the children from his marriage, this would only affect it if his ex-wife tries to use it to show that living with him would not be in the children's best interests (which is the test for custody in NY).

Log in

Log in