Legal Question in Family Law in New York

Correction in paternity suit due to father using someone else's identity

After taking father to court to confirm paternity of child and get child support, what can be done if the father has been using someone else's identity? The paternity test does prove that the person taking the test (using someone else's identity) is the father, but he has been impersonating someone else. Can something be done without criminally incriminating him? Should he be reported to the police and taken to court, or would it be easier to go ahead and get the child's name changed for that of the mother's?


Asked on 5/06/04, 10:51 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Correction in paternity suit due to father using someone else's identity

" A rose is a rose," and would smell the same no mater what it is called.

It sounds like you want to "make" your child's father use his "real" name, rather than the name on the Paternity Judgment, and the name he uses, so that YOU can change your child's name to whatever that name is on your child's birth

Certificate.

If that is the case, sounds like you have too much time on your hands; and you will ultimately complicate your and your child's life much more than you presently can image.

It is never a good idea to involve yourself in another person's "personal" business, for whatever reason.

In this case his 'REAL' name actually does NOT have anything to do with you your child; OR what you have named your child on the birth Certificate. Although, it is important to have his correct (or both #s) SSN for child support tracking, under whatever name he uses.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

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Answered on 5/06/04, 5:38 pm


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