Legal Question in Family Law in New York

Re: divorce with child

YOU should personally consult with and retain an attorney, ASAP!!!

If you "take custody" of your child, w/o a court order, or w/o the mother's consent, you could be subjected to kidnapping and an assortment of other charges, both state and federal, that will undoubtedly, complicate your and your child's life, even further.

You should consider negotiating Settlement of all your outstanding issues with your wife, re custody, visitation, support, property etc.. And, plan to have your Agreement incorporated into your (NY) Divorce Judgment.

If you and your spouse settle or agree, and your child remains in NC, you might want to have your child support/custody visitation stipulation "So Ordered" AND, FILED/ENTERED in NC, per NC law. (Important for any visitation issue or problem that may occur, in NC.)

However, notwithstanding NC entry of a Child support/custody/visitation order; or whether you agree or not, you should probably file your DIVORCE and litigate any ancillary issues, in NY, for your protection and convenience, ASAP!!!

NOTE: In most states, A husband IS the "legal" and presumptive father of any child born during the marriage, to his wife. In addition, State Courts, have been mandated by the federal and state legislatures, to find "support" for children, from, ANY AND ALL "SOURCES," not from public funds.

Therefore, if you do nothing, despite "everybody" knowing, a child is not yours and despite DNA proof, you could still be held obligated and charged with the support of any child born to your wife, while you remain married, to her.

DO NOT DELAY.

Good luck,