Legal Question in Family Law in New York

I got married to wife, after 6 months she leaves only to return once every couple of years ( 3 to 5yrs), stays one month nd then off again back to her boyfriends. Has child that possibly is my brothers and not mine,brother admits to it. I want a divorce since she hasnt been around in 12 years. What do I need to do. I want a DNA, as that child most likely is my brothers.

Thank you for your time


Asked on 2/26/10, 9:50 pm

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

It appears that you can petition for divorce by claiming adultery or possible abandonment. As for a DNA test, it is unlikely that you will be able to determine the paternity of the child unless you petition for visitation and provide for child support payments. Should she protest by denying your paternity, then a DNA test could be ordered by the Court to determine paternity.

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Answered on 3/04/10, 4:12 am


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