Legal Question in Family Law in New York
Legal rights of children born out of wedlock
I am concerned about my sister-in-law. She had a child with her first husband , and later separated. She has not yet gotten her divorce completed. While separated, and not yet divorced, she has had two children with a live-in boyfriend, who shows no interest in marriage. Do her 2nd and 3rd child have any legal rights to support by their biological father? Should she obtain DNA test to prove paternity? We are certainly trying to get her to officially divorce first husband, and hopefully marry the father of her 2nd and 3rd children. Thank you.
2 Answers from Attorneys
Re: Legal rights of children born out of wedlock
The children's father is obligated to contribute to their support. Your sister-in-law should file a petition for an order of filiation (paternity) and child support. The final order will be retroactive only to the date of filing, so she should probably file sooner, rather than later, if the father is not meeting his responsibilities.
Re: Legal rights of children born out of wedlock
Absolulely, yes! To all of your questions. If the boyfriend is not acknowledging that he is the father a petition should be made to the court to order a DNA test and if necessary a child support order.
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