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Newborn Baby - Petition for Custody/Visitation & Order of Protection

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DadIneverhad

Junior Member
What is the name of your state (only U.S. law)? New York

Hello, Just became the father of a Baby boy this past January. his mother and I are not married. I was there for his birthday a few days after. I have filed the acknowledgment of Paternity upon the day the mother and my son where discharged from the hospital, the next morning she went back and had those documents destroyed and filled out a new form for the birth certificate.

I we worked things out, agreed for me to move in with her, even ask to get a paternity test done so we can correct the birth certificate. the day after I move the rest of my stuff in, she decided she didn't want this arragement and that she is sorry for lying. , we argued and told her i will fight for custody and i'll pick up my stuff asap. She then filed an order of protection with false accusations, and petitioned for custody/visitation. its been a month an I have not been able to get my stuff, mainly my cloths and the cloths, books and belongings of my twin daughters (8yrs old).

i've spoken to many lawyers and they seem set on there is nothing they can do with getting me physical custody. My side of the family have not been able to even see my son. I'm not rich, but make too much for free legal aid. I'm stuck between saving money for a lawyer or saving for an apt since i broke my lease so i can move in and be there for her and the child.

what can I do?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? New York

Hello, Just became the father of a Baby boy this past January. his mother and I are not married. I was there for his birthday a few days after. I have filed the acknowledgment of Paternity upon the day the mother and my son where discharged from the hospital, the next morning she went back and had those documents destroyed and filled out a new form for the birth certificate.

I we worked things out, agreed for me to move in with her, even ask to get a paternity test done so we can correct the birth certificate. the day after I move the rest of my stuff in, she decided she didn't want this arragement and that she is sorry for lying. , we argued and told her i will fight for custody and i'll pick up my stuff asap. She then filed an order of protection with false accusations, and petitioned for custody/visitation. its been a month an I have not been able to get my stuff, mainly my cloths and the cloths, books and belongings of my twin daughters (8yrs old).

i've spoken to many lawyers and they seem set on there is nothing they can do with getting me physical custody. My side of the family have not been able to even see my son. I'm not rich, but make too much for free legal aid. I'm stuck between saving money for a lawyer or saving for an apt since i broke my lease so i can move in and be there for her and the child.

what can I do?
congratulations on being a daddy.

have you been served with the petition and have your responded with your own?

mom has custody by default at this point. and unless you can prove her unfit by your state's standards, gaining custody is impossible. but you still can look for joint physical and joint legal custody. a shared parenting plan.
 

BL

Senior Member
I don't understand how the hosp. would allow her to go back and have those forms destroyed .

Are you positive of this ?

If no Family Court Petitions have been filed , you need to Petition for Paternity ( if that form has actually been destroyed ) , Joint Legal , visitations .
 

DadIneverhad

Junior Member
She had filed a petition already. One issue is that the petition for Custody/Visitation might be dismissed because no father has been legally established so technically there can be no petition. But that is up the the judge to dismiss.

Yes, I've called the hospital and spoke to the person who we signed in front twice on separate occasions 1 month apart and she told me the same thing. The mother came back the following day and wanted to remove the father from the birth certificate and the acknowledgment of paternity.

I started asking around and I'm told that once that document is signed by both parents at the same time in front of witnesses its set in stone. Hte problem is that her mom was there and the two hospital workers, so if they realized the weren't suppose to do it, i have no proof.

But i might have a txt message between the mother and i about the incident, with her acknowledging that she did so. but i no longer have the txt message and need a subpoena to get them from the mobile company.


would i be able to call again and have her state that claim with someone listening so they can confirm that what was done?
 

Isis1

Senior Member
She had filed a petition already. One issue is that the petition for Custody/Visitation might be dismissed because no father has been legally established so technically there can be no petition. But that is up the the judge to dismiss.

Yes, I've called the hospital and spoke to the person who we signed in front twice on separate occasions 1 month apart and she told me the same thing. The mother came back the following day and wanted to remove the father from the birth certificate and the acknowledgment of paternity.

I started asking around and I'm told that once that document is signed by both parents at the same time in front of witnesses its set in stone. Hte problem is that her mom was there and the two hospital workers, so if they realized the weren't suppose to do it, i have no proof.

But i might have a txt message between the mother and i about the incident, with her acknowledging that she did so. but i no longer have the txt message and need a subpoena to get them from the mobile company.


would i be able to call again and have her state that claim with someone listening so they can confirm that what was done?
the point of the custody/visitation is to determine custody and visitation. the paternity is a part of the process. you will be asked to deny or agree that this is your child. if you agree, it's on record you are the father. if you deny, a DNA test is ordered. one of two results, you are the father and the case moves forward. or two, your are not the father and you move on with your life. if the first, then paternity is legally established, you can have it ordered to have your name placed back on the birth certificate. (if it was actually removed in the first place)

thus, no reason to dismiss the case.

have you been served?
 

BL

Senior Member
I would strongly suggest going through with the DNA test , even if you say you're positive the child is yours .

And if those Hosp. workers allowed those documents to be destroyed , they should be fired .
 

Ohiogal

Queen Bee
File a complaint with the hospital regarding this incident. Subpoena the hospital workers you signed the AOP in front of to testify to that. Subpoena the workers that told you it was destroyed.
 

LdiJ

Senior Member
File a complaint with the hospital regarding this incident. Subpoena the hospital workers you signed the AOP in front of to testify to that. Subpoena the workers that told you it was destroyed.
I would do some double checking before proceeding. I know that in some states an AOP can be withdrawn by either party within a certain amount of time after signing. Therefore there is a chance that they did not do anything improper.
 

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