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Does Father have parental rights if I was married to someone else when they signed acknowledgment paternity & are on birth certificate?

  • By: David Bliven
  • Published: January 19, 2024

Q: I’m legally married but physically separated from husband when I had a child from a person in the same situation. They signed the acknowledgement of paternity in CT and are on the birth certificate. However, I am still legally married to husband. Do they have any parental rights in NYC? This person is abusive to me and neglects needs of child. If they do have parental rights what do I have to do to ensure they don’t?

A: The acknowledgement of paternity presumptively establishes their paternity to the child. That said, if you wish to vacate the acknowledgement of paternity , your option would be to file a petition to vacate same. If he’s a resident of CT, then you’d need to file the action in that state. For a full assessment, schedule a consult with a Bronx Adoption Attorney.

David Bliven, Esq.

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