my child has been living with me for over 6 months and now mom wants her back

[jsanchez0218]

Jurisdiction

New York

I have had custody of my 7 year old daughter for almost 7 months. She began living with me because her mother, who resides in New Jersey, has been evicted from several apartments and ended up in numerous shelters over the course of 2 years. Child services got involved as well. My daughters mother is now 8 months pregnant by a man that has been physically abusive to her in front of my daughter and seems as though she may have found a new apartment and wants my daughter back. I would like to maintain physical custody of my daughter due to lack of stability in the mothers household. My daughter missed 18 days of school in less than 2 months when she was with her mother due to the mother not waking up on time to take her to school. My daughter has yet to stay in a school for a full year due to the constant evictions. In the short time my daughter has been with me, she goes to church, she's involved in programs, has achieved academic awards. I've lived in the same apartment for over 7 years so there is more stability with me.....the only catch is that I am not listed on the birth certificate. What is my best option for me to get physical custody of my daughter so she can have stability in her life?

 

[cbg]

Your ONLY option is to file for custody through the courts. And even that is not a guarantee.

 

[army judge]

When a child is born to unmarried parents, the child has no legal father. In New York, unmarried parents can establish paternity in two ways: by signing a voluntary Acknowledgment of Paternity form; or. by petitioning a court to determine paternity.


You'll need to petition the court to establish paternity, order custody, order visitation, and order child support.

Your easiest option is to do ALL of the above with the state's assistance.

Read how that option works:
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NYS DCSE | Paternity Establishment
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