In New York, a non-biological father is a child’s parent who is not related to that child by blood. Even though they are not biologically related to the child, they may still be able to obtain legal parental status if they formally adopt the child, as a valid adoption allows non-biological parents to have full legal and physical custody of their adopted children.
In some situations, the non-biological father may be able to request the family court grant them parental rights over a child if they have acted as the child’s father from birth or if they are the child’s stepfather and they have developed a strong emotional bond.
If a child’s non-biological father is granted full parental rights, they will then have a say in aspects of how to raise the child, such as making medical, educational, and spiritual decisions, and will be able to enter into legal agreements on the child’s behalf.
In the State of New York, a non-biological father will not have any inherent parental rights unless their paternity is legally established through an Acknowledgement of Paternity (AOP) or an Order of Filiation. These may require a New York paternity test.
In New York State, signing a birth certificate or residing with the child’s mother does not automatically grant a father legal rights over a child. A New York lawyer can provide more information on the legal rights and obligations of non-biological fathers in the state.
How Can a Non-Biological Father Become a Legal Parent?
In the State of New York, non-biological fathers can assume legal rights over a child if they are able to demonstrate that they should be considered the child’s legal parent. Ways that a non-biological father matt be able to gain the status of a legal parent is by adoption or by taking on the role of acting as the child’s father, for example, by being married to the child’s mother when the child was born, raising the child, and making medical or legal decisions on behalf of the child.
In some jurisdictions, a non-biological father on a birth certificate is enough but it may not be in New York State. To find out more details about how a non-biological father can become a child’s legal parent, it is essential to schedule a lawyer consultation.
Can a Biological Father Terminate a Non-Biological Father’s Parental Rights?
It is very difficult to terminate parental rights unless a party is willing to agree to it. This is true especially in cases where the child’s biological father has not shown any interest in raising the child or caring for the child in the past.
When a biological father wants to terminate the parental rights of a non-biological father, they will have to file a paternity claim in a New York family court. The biological father can present evidence, such as DNA or paternity test results, showing why their request should be granted.
It is important to be aware, however, that simply because a biological father is able to prove they are, in fact, a child’s biological parent, does not necessarily mean that the court will terminate the non-biological father’s parental rights.
For example, if the court deems that it would not be in the best interests of the child or if the child’s non-biological father was more of a father figure to the child than their actual father, the court may determine it is best to allow the non-biological father to preserve their legal parental status.
If the Father Isn’t on the Birth Certificate, What Rights Does He Have?
A father who is not listed on a child’s birth certificate may still have certain rights. For example, they may be appointed as the child’s legal guardian, they may foster or adopt the child, or they may become the child’s de facto parent, effectively giving them the same rights as someone who has legal parental status.
Factors that may be taken into consideration include whether they are listed on the child’s birth certificate, whether they have an emotional bond with the child, whether they helped with raising the child, if they are invested in the child’s life, and if they make decisions on the child’s behalf.
If a New York father is able to show one or more of the factors above, they may be entitled to some parental rights, such as custody or visitation rights. If they are not able to do so but still want to gain parental rights, they can take a paternity test or challenge the paternity of the individual who is listed on the child’s birth certificate.
A New York lawyer will be able to evaluate a non-biological father’s situation, what facts they may be able to present to a court to support their case, and the steps they can take to obtain parental rights.
Can a Non-Biological Father Be a “De Facto” Parent in New York?
In New York, a de facto parent is someone who is not biologically related to a child but who has provided for their basic needs or who regularly cares for them. This may include adults who interact with them on a daily basis or who have developed a parent-like bond with them
In other words, the individual has assumed the role and responsibilities of parenting the child. Examples of individuals who commonly take on the role of a de facto parent can include a child’s grandparent, stepparent, other close relative, or a non-relative who already had a bond with the child. A non-relative may be chosen if a close relative cannot be located or if placing the child with a relative would not be in the child’s best interests.
A non-biological father can also be someone who can become a de facto parent. For a child’s non-biological father to become a de facto parent, they typically must show the following:
- They resided with the child at some point
- They have an emotional bond or close relationship with the child
- They have accepted parental rights and responsibilities related to the child
- The amount of contact they had with the child in the past
The biological parent encouraged the relationship between the de facto parent and the child
A New York attorney can explain the specific requirements for de facto parents in the state as well as whether any other rules or requirements may apply. These factors are generally used common factors but may not apply in all situations.
What Does the Court Consider When Granting Parental Rights to Non-Biological Fathers?
In New York, when a court considers granting parental rights to a non-biological father, it will apply the child’s best interest standard, which includes reviewing factors such as:
- The age of the child
- The child’s wishes based on their maturity level
- The developmental, physical, and emotional needs of the child
- The age, mental, and physical health of the child’s parents
- Evidence of child abuse or domestic violence
- The relationship between the child and each of the parents
- How well the parents can provide for the child, including financially, stability, proximity to school, medical facilities, or social activities
Removing a Father From a Birth Certificate in New York
In certain specific situations in New York, a father’s name on a birth certificate may be removed. For example, if they were mistakenly named as the biological father on the document because they were married to the child’s mother at the time of the child’s birth.
If this occurred, the father listed may end up paying child support for a child that is not yours, as the presumed father of the child.
What Other Rights Do Non-Biological Parents Have Besides Child Custody?
Generally, a non-biological parent will usually have the same parental rights as a biological parent once they are legally recognized as the child’s parent in New York. For example, an adoptive father can gain full legal and physical child custody.
There are additional rights a non-biological parent may exercise over the child, including:
- Making fundamental decisions that affect how a child is raised, such as medical treatments, educational matters, and religious upbringing
- Passing property to a child through inheritance
- Deciding placement for a child, such as by appointing a guardian if a non-biological parent becomes incapacitated or is deceased
- Entering into a contract on behalf of the minor child
- Obtaining legal counsel for the child
Do I Need a New York Paternity Lawyer for a Paternity Case?
If you have any issues, questions, or concerns related to paternity issues in New York State, it is essential to consult with a New York paternity lawyer. Your lawyer will be able to explain your rights as a non-biological father and how to obtain more rights.
Get started with LegalMatch’s free attorney-client matching services today in only 15 minutes to find a New York paternity attorney who can help you resolve your paternity concerns. You will be matched with licensed and prescreened lawyers in your area who will be able to get started on your case right away.
