Legal Question in Family Law in New York

Re: dna proved different father am I entitled to child support/custody

This is a difficult situation. you have done very well to get on with your life and both you and your husband must be wonderful people to make the new family work.

However, I understand that money is often in short supply and children are expensive; and further children would also be a strain. you need financial help, and the biological father has a legal obligation to pay child support.

You must file an action in the courts (Family Court) for child support. The correct county is Westchester County. Your lawyer or the court, upon your successful action, will ensure that his financial data is collected and properly analyzed.

The duty to pay child support is enforced with great seriousness. The money will be paid, often directly from his paycheck to your account with no personal contact.

Regarding his rights, the best interest of the child will determine if he receives visitation rights. Clearly, you do not see him as a possible destructive influence. However, it may be disruptive for your child to have a new father and the courts may not be friendly to anything beyond supervised visitation until a level of comfort is established.

The biological father's rights can be terminated by adoption by your husband. Your right to child support will also be terminated.

My fee for a child support action is 1500 and 300 for an adoption. You are welcome to meet with me for a consultation for no fee.

Re: dna proved different father am I entitled to child support/custody

You already have custody of your son. But, if you want child support you must file a Child Support Petition in Family Court, in either Westchester County or Manhattan. The Court may accept the blood test, already taken or require another prior to entry of the Paternity Judgment,and before entry of a support order.

But, given your description of the circumstances of the child's birth; and your present marital status, I wonder why you would seek child support, from the biological father, when it's clear that you don't want the father in the child's life.

Why would you ask a man to pay support for a child that he can see, only upon seeing you and only upon your terms. And, why would you want a man, who is "fathering" your chld, your husband, to be regularly confronted by a reluctant father, who is likely to attempt to disrupt your household.

You cannot "terminate" the biological father's rights to the extent that he can never atttempt visitation or custody, absent adoption by another. So, stirring him up, will not eliminate the possibilites of future actions on his part to see his child.

Suggest you rethink this and ASK your husband what he wants.

Good luck,

Phroska L. McAlister,ESQ