Legal Question in Family Law in New York
Can I get further help for my daughter ?
My daughter is 10 years old, has resided in California for last nine years with me.In 1992 filed a Petition for Paternity in Manhatten, we took blood tests and it came back 98.?. I couldn't afford to keep flying back and forth to court. A stipulation agreement under title 516 of Manhatten Family Law was agreed to and signed by paternal parents and Judge..It did not include acknowledging Paternity, and also stated I could not take him back to court in the future. The court computer shows Paternity case filed and Withdrawn, nothing else. Can I take him back to court ? Can I do it from California ?, not have to go to Manhatten ?
4 Answers from Attorneys
Re: Can I get further help for my daughter ?
Most likely, your original petition was withdrawn "WITHOUT PREJUDICE" and there were no findings.
If so, that should not be a bar to your filing now in CA.
Can sue for paturnity.
You should get a copy of the signed stipulation signed, but probably it is just marked withdrawn. As long as it does not say "With predjudice" you can go ahead.
Your daughter's rights are paramont and you can still file for support with your local district attorney in CA.
Re: Can I get further help for my daughter ?
Before you file with the District Attorney, ask them an estimate of the time that it will take to establish a child support order. You cannot file for a child support order or a determination of paternity in California unless the State of California has "minimum contacts" with the father. If the father has never lived or worked in California, you will probably not have jurisdiction over him to make the order. You local California DA will probably send it to a the New York DA, which may take months to get going, in the mean time you may be waiting for months and loose thousands of dollars in child support. You may not be required to actually travel to NY to obtain the paternity judgment if you have an attorney. Talk to a California attorney and a New York attorney and then make a decision. You have probably lost 10's of thousands of dollars and stand to lose 10's of thousands more. It would do you well to take care of business even if it requires some travel. Good Luck, Pat McCrary
Re: Can I get further help for my daughter ?
Contact the District Attorney in the county in which you live with the paper work that you have and ask for them to obtain an order for child support. They should contact the DA or equivalent in New York. They should be able to obtain a judgment of paternity and a child support order.