Legal Question in Family Law in New York

Re: how do i get my child back

It is unlikely that the Court awarded custody of your daughter or "So Ordered" your Stipulation that her "father" have custody, without first obtaining entry of an "Order or Judgement Of Paternity." The Court would be remiss in ordering custody of a child to "a stranger."

So,... notwithstanding the results of the subsequent blood test, your daughter's "father" IS PRESUMABLY the man the Court has already determined is the father.

You may of course Petition for modificationn of the custody order and your contact and visitation arrangement. But, YOUR mistake, re paternity, without more, is unikely to be sufficient cause to change the custody of your child. Especially, if your child is more than 5 years old.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Re: how do i get my child back

Getting your child back will be very difficult. Even though the paternity test shows a different father, the court is reluctant to tear a child away from a home where he is well cared for. We cannot give a clear opinion without sitting down with you and learning all the circumstances. Please give us a call for an appointment. The first 30 minutes is free. For contact information see our website at .