Legal Question in Family Law in New York

It sounds like you are the putative father (this is the finding the court can make regardless of the existence of a DNA test). A putative father, is, in laymen's terms, the father of the child for all intents and purposes. Assuming you have a court order giving you custody, and not a mere agreement, and that you are determined to be the biological/putative father, the short answer to your question is the court is not likely to remove a child that has been in your custody for nine years and give custody to the mother. This is, of course, assuming that there are no changes in circumstances that would make a change in custody seems appropriate (founded CPS reports, failure to allow mom whatever access she was granted, moving with the daughter without court approval, interference with parent-child relationship, abuse, neglect, etc.).

Typically in that situation the Court will assign a law guardian (attorney-for-the-child) for your daughter. That attorney represents your child, not you and not the mother. The attorney will determine what the best interest of your daughter is in finding out what the real paternity is. The standard typically applied is whether you have been holding yourself out to be the father of this little girl, whether she believes you are her father, and the quality of your relationship with her. Usually these determinations are made before a DNA test is even ordered. You can ask the court not to order that DNA test for fear of how it would affect your relationship with your child.