Requesting a change in custody? (NY)

Seems to me that this issue would best be taken up with an attorney. The fact that he has proof of having supported the child is a good sign.

Just a thought. If this guy has a good relationship with the mother, why hasn't he brought it up to her?

I would as soon accept advice from a traffic cop as a court clerk. In other words, maybe yes; maybe no. I would be surprised if lack of prior marriage were a bar to custody, but I would as soon accept legal advice from a court clerk as a bookkeeper.

Exactly what do you mean by custody? Living full time under the paternal roof? Visiting every weekend and two weeks in the summer?

Any custody decisions should be made in the best interests of the child.

How often has your friend seen his daughter? Is she used to spending time with him? How old is she? Courts tend to feel that the younger the child is, the better off that child is with the mother.

Does your friend want an increased say in decisions about his daughter's future?

JAO, how are you? How's NY? I know nothing about NY law, as you might expect.

Good points made by Noddy and Roger.

He needs to consult a domestic relations lawyer. If paternity hasn't been established, that will likely be step one, and in that context, establish a parenting time schedule.

"Custody" is a word with different meanings to different people. He will want to get joint legal custody, which will entitle him to jointly make important decisions with Mother (i.e., school, medical, daycare, etc.). But physical custody will likely stay with Mother as the primary residential custodian, all things being equal, because she has been the primary caretaker -- one assumes -- for all of the child's life, however long that is. His first step should be to extend parenting time, and then get overnight visitation. Child support will also be established, and paid through court, he will get credit for the payments he's making.