Legal Question in Family Law in New York

divorce

My husband and I are in the process of getting a divorce. However, I have known for some time now that I am pregnant for him. He has yet to find out. Recently I sent him a letter asking him to sign over his rights to the child.

If he decides to bring this to the attention of the courts can the courts force me to keep him in the childs life even though I will not be asking for child support from

him?

If I decide to say that this is not his child can the courts force me to do a paternity test on the baby?


Asked on 5/30/06, 10:22 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: divorce

Q. If he decides to bring this to the attention of the courts can the courts force me to keep him in the childs life even though I will not be asking for child support from him?

A. Yes. Remember, it is not about YOU, it is about the child. A child deserves to be raised by a mother and a father.

Q. If I decide to say that this is not his child can the courts force me to do a paternity test on the baby?

A. Yes.

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Answered on 5/31/06, 8:27 am
Daniel Clement Law Offices of Daniel Clement

Re: divorce

Both the father and the child have rights. Moreover, a child born during a marriage is presumed to be the child of the marriage.

Daniel Clement

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Answered on 5/31/06, 10:26 am


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