Legal Question in Family Law in New York

Hello, I have a 7 month old baby. My boyfriend and I went for a DNA test 2 weeks after I deliverd our son. Till this day he has not put his name on our baby birth certificate. I asked him why hasn't he yet? He replied back to me ' what's the rush'. Can I go and file for child support even if his name is not on the birth certificate.Does he have legal rights to my son?

Thanks


Asked on 4/14/11, 11:08 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

You would have to file a paternity application with the child support petition. If he contests paternity, the Family Court will conduct a DNA test to determine whether the boyfriend is the father. Once paternity is confirmed, it will award you child support.

Mike.

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Answered on 4/14/11, 12:17 pm


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