Legal Question in Family Law in New York

Re: Married @ 16 yrs. old, man who signed consent is not biological or legal fat

Yes; and a Court Action is necessary for you or your spouse to divorce.

Please note the following:

1. If your mother married within one (1) year of your birth and your "Stepfather" was/is named as your "father" on your birth certificate; and no other person was adjudicated (by a Court of competent jurisdication) as your natural father, then your Stepfather IS your father for all legal purposes; and

2. Contracts (and marriage is a contract) entered into as a minor, (whether validly consented to by the minor's custodian or parent) may be dissavowed or affirmed after the "minor" reaches 18. The time for dissavowing the contract is (I believe) three (3) years from 18 to 21;afterwhich if no action is taken to dissavow, the contract is enforceable and "valid" as against and for all parties.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ.

Re: Married @ 16 yrs. old, man who signed consent is not biological or legal fat

A more lengthy reply was already transmitted.

But, for the sake of clarity and in literal response to the way your question was posed...... Your marriage is "legal" and you need a Court Action to divorce.

Re: Married @ 16 yrs. old, man who signed consent is not biological or legal fat

I need more facts to give you a proper assessment, but it sounds like your mother's husband could be legally adjuducated as your father by the doctrine of equitable estoppel. It's unlikely that his consent to your marriage at 16 could later be invalidated. Feel free to call me to discuss this further. I do not charge a fee for the inital consultation.