Q: Father admitted paternity for purpose of paying child support. Fathers name is not on birth certificate or any other legal document. Mother is granted child support and sole custody of child. Later father is garnished for child support, files for temp custody of child because child lives with him due to the mothers eviction. Court grants temp custody to father. Father immediately gets child support order vacated that established paternity. Father now wants sole custody to a child he now has no legal parental rights to. Mother has reestablished housing and job.
A: David’s Answer: Usually paternity under such circumstances is established via an “order of filiation.” Thus, merely vacating a child support order, in itself, would not affect the separate order of filiation. Under such circumstances, the father would be allowed to retain custody. Schedule a consult with a Bronx Child Custody attorney for a full assessment.