Legal Question in Family Law in New York
2 questions on paternity tests. Help!
A father requested a paternity test after I filled a petition for child support. He lives in another state and has a brother who looks pretty much the same. Can his brother take a test instead of him?
If the tests show that he is a father, can he go to Brooklyn court and file for visitation based only on test results or there should be a court hearing on a paternity and child support first?
We have never been to court and have never been married.
1 Answer from Attorneys
Re: 2 questions on paternity tests. Help!
Paternity must be dealt with first. If he is not the father, he cannot have visitation, nor does he owe support.
He cannot send his brother. You should find out when the test will be administered, and be there, so you can tell the person taking the sample if the person is really him.
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