Legal Question in Family Law in New York

Who is considered legal father

My husband and I was separated for 3yrs,but not legally separated.During the separation I had 2 children with someone else,he now want nothing to do with the children, and I can't find him. my husband and I are now back together and he wants to take of these children , and he wants the children to carry his last name, they carry their father's last name, he also wants his name on the birth certificates, how can I go about this.


Asked on 4/09/01, 12:08 pm

1 Answer from Attorneys
Garry Hanlon

Re: Who is considered legal father

There is a legal presumption that the children

are children of the marriage. I would attempt

to contact the Bureau of Vital Statistics

first and attempt to have the birth certificate

amended administratively. This may or

may not work, but is the cheapest way to

proceed.

The next would be a petition in the court

for a name change of the children. This

would require filing fees of $ 245 and the

court may or may not require notice to the

absentee putative father.

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Answered on 6/08/01, 5:19 pm


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