Legal Question in Family Law in New York
When DNA tells the truth what's next
I was married to a woman and a child was born. Ten years later in the middle of a divorce I found out the child was not mine thru DNA testing. My ex wife and I did not mention that child at all in our divorce papers. It is now 3 years later and I still see the child. I told the child last year that I was not her biological father and she has since then meet her biological father. I recently read laws like (res judicata,and equitable estoppel, adulterine bastard ) that I can still be made to pay child support if the mother ever takes me to court. I live in westchester county and I love the child but I do not want to pay child support for a child that is not mine and I want to know what are the laws in New York, Weschester county with regards to this matter and how would those laws affect me in my particular circumstance? I also want to know how would a judge look at this case and is it in my best interest to stop seeing this child because the longer I see this child the harder it would be for me to win a child support case? Last question, if the mother did take me to court what are my chances of winning this case in westchester county family court.
1 Answer from Attorneys
Re: When DNA tells the truth what's next
If the dna test shows the child is not yours then unless you have adopted this child you have no financial responsibility. That being said its probably in everyones best interest if you stop all interactoin with the child.Obtaining a good lawyer would also be helpful.
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