Legal Question in Family Law in New York

I have a 3 yr. old not from my ex husband but we were married when I concieved
I left my ex husband in May of 1997. I got pregnant soon after, I filed for a divorce. Got back together when my baby was 6 months old to try again. Left and got divorced. Remarried in December 2000. Ex husband had testicular cancer at age 19, cannot have children. He signed an affidavid to put his name on her birth certificate. He has visitation through court order, I agreed to.He is into use of drugs and I wish the child to no longer be near him. I want to know if I as her biological mother, can take these rights away from him by modifying the court orderw/ blood test to prove he is not her biological father.The child is now 3 yrs. old, I do not want her to have anything to do with him, my husband loves her, we have several other children in our home, and they are all brought up away from any type of drug use, and we do not wish them to be subjected to it in any way. Thank you for your time.

Asked on 9/07/01, 9:57 pm

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

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Re: I have a 3 yr. old not from my ex husband but we were married when I conciev

You will have to go back to court. His drug use is of great concern, and most family court judges will take it very seriously.

Answered on 10/26/01, 12:51 pm

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