Hypothetical Custody Question regarding separate parent situation

[MelancholyRose]

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

I don't want to be misleading here, so I'm going to admit that I'm not actually in a custody-related situation, but I am writing a very long story/novel and I have a serious question regarding guardianship/custody.

Let's hypothetically say that a mother never told the biological father that he had a son and had married someone else and raised the child with him, but then returned the child to the biological father before moving out of state. Would the biological father need to get legal guardianship of his son/legal custody? Or does he already have legal custody of him from the moment the mother handed the kid over?

Does something need to be signed or do the biological parents need to go to court/have a court hearing regarding the son?

Thank you, if you're reading this and responding, it will be very helpful to me.

Again, I'm sorry that I don't have an actual problem and that I'm doing this mainly for research purposes, but I'm having trouble finding answers anywhere else.

 

[Hisbabygirl77]

Is the bio father on the birth certificate hypothetically?

 

[MelancholyRose]

No, he wasn't present for his son's birth, so I assume that means he wouldn't be on it.

 

[Zigner]

I usually don't like doing hypotheticals...but I'm in a generous mood tonight.
If the parents were never married and the bio-father never signed an AOP and if there were never any custody determinations made through the court, then the bio-father has no LEGAL custody rights.

 

[MelancholyRose]

Okay. What kind of process would he have to go through to gain legal rights, if the mother was still in the state and hasn't moved yet?

 

[Zigner]

Okay. What kind of process would he have to go through to gain legal rights, if the mother was still in the state and hasn't moved yet?

He would want to file for a determination of paternity, custody & visitation. He would also be wise to seek child support from the mother.

 

[MelancholyRose]

Thank you, this is very helpful.
Also, would the actual court hearing be swift and easy if the mother agrees to all conditions? Or would there be any kind of complications?

 

[Hisbabygirl77]

I dont think I like the female character in your book. First she doesnt tell someone hes gonna be a father and then she wants to quickly hand the child over to a complete stranger. Hope your planning on writing in therapy for the child

 

[MelancholyRose]

I'm sorry my female character displeases you
I don't like her much either, I'm afraid, haha.
Don't worry, the book isn't completely tragic

 

[Hisbabygirl77]

lol Good to know Good luck on your book

 

[MelancholyRose]

Thank you, I appreciate it

 

[MelancholyRose]

Actually, is a court hearing at all necessary if the mother agrees to all of the bio-father's conditions? Is a hearing only necessary if the two parental parties disagree?

 

[LdiJ]

Actually, is a court hearing at all necessary if the mother agrees to all of the bio-father's conditions? Is a hearing only necessary if the two parental parties disagree?

If there are attorneys involved and both parties completely agree and sign off on agreements, then odds are it would not be necessary for a hearing to happen. Many judges would sign off on the agreements without requiring a hearing.

However, if attorneys are not involved, then its a given that a judge would require a hearing.

 

[Isis1]

I'm sorry my female character displeases you
I don't like her much either, I'm afraid, haha.
Don't worry, the book isn't completely tragic

uh huh, does that mean mom gets run over by a bus upon leaving the hospital?

 

[thedoctorisin]

An actual hearing in a court room in front of a judge may not be required, but the evidence of paternity still needs to be collected. A deposition could be done in a lawyers office, and the parties still need to swear to tell the truth, the whole truth, and nothing but the truth.