Legal Question in Family Law in New York

I father a child with a women that was legal separated from her husband who returned to him after finding out she was pregnant. She did not tell him that the child was his. Three years have passed. Her husband signed the birth certificate and has finically provided for the child for the last three years of the childs life. The mother is now getting a divorce but does not want to have a DNA test done with me, fearing that I may try to take the child. She has given me visitation and I am able to see the child at any time. She is a resident of NY, living in NY and I am in the military with residence listed as TX and currently living in MS. First- Am I able to force a DNA test? Second- If during the divorce she tells the court the husband that the child is not his, am I able to claim rights to the child ie..have the child�s last name changed..be able to change the birth certificate with my name as the child�s father?


Asked on 3/03/10, 9:06 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

A child born to a mother during a marriage is presumed to be a child of the marriage unless at the time of divorce either husband or wife deny the husband's paternity. If the paternity is denied and it is proved that the husband is not the child's father, then it will be up to the mother to declare the child's paternity. Court's are reluctant to take the word of a stranger to the marriage and force a paternity test on an unwilling mother.

Read more
Answered on 3/09/10, 3:37 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York