Legal Question in Family Law in New York
legal marriage contract
My son married in a nys correctional facility where he is presently under confinement. The marriage is less than a year and his wife is expecting child birth in two months. The child pregnancy is not by my son., what action can be taken to obtain a divorce and to counter the legal rights of my last name being to the unborn child. Thank you for your attention regarding my upset condition.
2 Answers from Attorneys
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
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