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Executive fights for his child after partner's suicide

Whether a person is a biological parent or not, there are ways to make sure that the rights of the parent are protected. In some cases, a father's custody rights may come into question, especially if he is a stepfather or not the biological father, as seen in a recent example.

New Yorkers may be interested in a report about a local executive who is fighting for custody of his deceased girlfriend's 6-month-old boy. According to a release citing court documents on Jan. 18, the child was taken into state custody after the woman, 40, committed suicide on New Year's Day. The man apparently lived with the mother and the child at his apartment for more than two years.

The man and woman were unable to conceive, according documents, so the woman underwent in-vitro fertilization with an anonymous donor to have a child. Meanwhile, the couple did not marry, but there was a document that appointed the executive as the guardian of the child. The court is requiring home visits as the first step in determining if the man will gain custody.

This case may be relevant to other men who are seeking custody of a child that is not biologically theirs. But as with any child custody decisions, a court will consider the best interests of the child and whether any legal documentation supports a particular ruling. Anyone facing this kind of issue needs to be aware of the available legal options.

Source:
New York Post "Exec in child-custody fight after girlfriend's suicide -- because anonymous sperm donor is the 'biological father,'" Julia Marsh, Jan. 18, 2013

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