Legal Question in Family Law in New York
Establish Paternity
I was legally marry for 10yrs with my ex-wife and we had a baby girl. When the baby was born, I filed the paperwork to acknowledge paternity, and to appear on my daughter's birthcertificate. Until this very day my ex-wife refuses to tell me what she did that I don't appear on my daughter's birthcertificate. My daughter is now 6 yrs old, and I have done everything to be recognized as the father, but no one seems to help me. I took her to court and the judge said that he couldn't do anything cauz the child was born when we were married, and that all my ex-wife needed to do was to go to the department of health to sign papers, she said that she was going to do it but never did. Then, I tried to petition for visitations right but i was told by the clerk that i couldn't because I don't appear on the child's birthcertificate! I have talk to lawyers and they just can't help me!! Does any one have a suggestion on what to do, how to get my ex-wife to sign the papers so that I appear on my daughter's birthcertificate? I know that i am the father, but can she legally denied that right to me, to be recognized as the father and not to appear on the birthcertificate? Please help!!!! Thank you.
1 Answer from Attorneys
Re: Establish Paternity
If your child was born during your marriage she is "presumed" to be YOUR natural child, notwithdstanding her birth certificate name.
Also, your divorce judgment and child custody/support Court Orders should also reflect this "presumed" fact.
As a result, a Paternity Petition was probably considered redundant, by the Court.
Additionally, your judgment and Support Order can be used to "Correct" your child's birth certificate name, since they may be used as the grounds for a Family Court Petition for custody, visitation, child support, and a name "correction," on the birth certificate, Court Order.
If your child is not named in your divorce judgment or in your child support court order, you may file a Family Court Petition for a visitation and Order for Birth Certificate Correction, based upon the child's birth during your marriage, if that is the case.
Alternatively, you may file a Family Court Paternity Petition.
Good luck,
Good luck,
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