Legal Question in Family Law in New York

Re: legal marriage contract

I would suggest you contact a divorce attorney in New York who has experience working with inmates and who knows what the procedure would be with regard to a divorce action of an inmate.

Also, to be certain who the child's father is, do a DNA test once the child is born.

Re: legal marriage contract

Your son can demand a DNA test, after the child is born. If he is not the father, he will not be obligated to support the child; and he can ask the Court for an Order Directing that HIS name be removed from the child's birth Certificate, As " the Father."

Notwithstanding, Whether the child is your son's or not, the child, born during the marriage, will have the right to use and keep whatever name his mother gives him or uses while married to your son. Thus, if while married, the mother uses your son's surname, her child will be entitled to "keep" that surname.

You son has the right to file for a divorce in NY on possibly, a couple of grounds. He can probably obtain legal counseling from inmate or legal services, from within the facility where he is confined.

Good luck,

Phroska L. McAlister,ESQ