Legal Question in Family Law in New York
dna test
I am going a divorce, I am requestion a dna test on my son because my wife was telling for the last year he wasn't mine. I might have to $600.00 for the test. What if I refuse to pay, could she still come after me for child support? I don't see how she could, wouldn't she have to prove that I am the father. I am not on his birth cert. and I didn't sign no patertity paper as well. If so what do I need to prove her unfit for custody if he is my son. Could she pay me child support?
2 Answers from Attorneys
Re: dna test
I am assuming that you were married to her at the time of your son's birth? If that is the case, you are presumed to be the father - the fact that you did not sign the birth certificate is not dispositive. As to what your options are, it all depends on other facts which you have not disclosed in your question.
You may call my office to schedule a consultation for further information.
Lissa Luke, Esq.
This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.
Re: dna test
If the child was born of the marriage, there is a presumption that he is your child regardless. If you were married, then you may be obligated to support him anyway even if he is not your son unless the real father comes into court and makes an admission.
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