Legal Question in Family Law in New York

How do you establish paternity ?

My brother attempted to petition for paternity for a child that may be his. My brother was advised not to petition for paternity if skeptical if child was his; advised that by petitioning for paternity he is stating he believes that he is the father of this child. What my brother wants is the court to order that a paternity test be done. Brother was told that he can request test but the Judge will probably will deny it, especially if the mother does not contest paternity. However, if mother of child petitions for paternity my brother can deny paternity and request DNA test. Presently, mother refuses to petition for paternity. Mother also refuses to contest petition for paternity if my brother petitions; therefore a request for a DNA test would likely be denied. To sum it up, my brother has no way to find out if this child is really his. What legal action can be taken to prove that this child is his? My brother doesn't want to become financially responsible or establish a relationship with this child if a DNA test is not done to prove paternity.


Asked on 2/28/03, 4:22 am

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: How do you establish paternity ?

How old is the child, and has your brother petitioned for custody as of yet? You can reach my office at (212) 618-1830 or email me at [email protected].

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Answered on 2/28/03, 8:30 am


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