Legal Question in Family Law in New York
Establishing Paternity after Acknowledgment has been signed
An acknowledgment of paternity has been signed, however the father was never present in the delivery room. Our son has blue eyes and the father has his doubts since the color doesn't run in his family, but they do in mine. I would like to have this done through family court, but not sure whether we can request a DNA just to make him happy before I can request for child support through the court of course. There are no possible fathers, but ever since he married, he has been acting this way. Our son is 9 months old and I would like to end this..
2 Answers from Attorneys
Re: Establishing Paternity after Acknowledgment has been signed
Once the acknowledgment has been signed, the parties have generally waived the right to DNA testing. However, the father may be able to have the court invalidate the acknowledgement under some circumstances. He should speak to a lawyer ASAP to determine what his options are.
Re: Establishing Paternity after Acknowledgment has been signed
If an acknowledgment of paternity has been signed then there are no triable issues before the Family Court. However, for a fee there are private agencies that will conduct a paternity test.
Since there is no issue with paternity, you may petition the family court for child support.
Mike.
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