Legal Question in Family Law in New York

Re: Multi-State Divorce With Father Denying Child is His

If you were married in NY before your child was born; and your child was born in NY before you relocated to California, while leaving your husband in NY, then NY would have jurisdiction to hear & decide your divorce case, on grounds of abandonment.

The matter of custody, support and paternity, for your child, might be subject to either or both, NY and California, court jurisdiction.

You are unlikely to be entitled to child support for past years, for which you do not have a child support order.

Child Support arrears are NOT usually ordered to be paid back to a child's BIRTH DATE. Child Support is usually ordered to be paid from the FILING DATE, of the Petition or Complaint for same.

YOU do not have to prove that HE is the father.

A mother's husband is "presumed" to be the "natural" father of children born during, or within one year of a marriage. That "presumption" MAY be rebutted, upon sufficient proof.

Which means YOUR husband needs to prove that he is not the father, possibly by DNA testing. But, since Court's tend to strongly support "Legitimacy" over "Illegitimacy." Whether the Court will even permit your husband to move forward on his allegations, submit his "proofs," or obtain blood testing for his NON-Paternity, claim is an OPEN question.

Given the many question you have, you should retain your own attorney. If you cannot afford one the Court, law schools and local legal service associations may refer you.

Good luck,

Re: Multi-State Divorce With Father Denying Child is His

If you have lived in California for a lengthy period of time, California would have jurisdiction over the child. Although NY may have concurrent jurisdiction over the child, NY would probably defer to California which would be the childs home state, assuming that the child has resided in California fro 6 months or more.