Legal Question in Family Law in New York

Opening a divorce decree to remove a child listed

When I divorced I included a child in the divorce decree that is not my biological or adopted child and is the adopted child of my ex-wife. I now understand that this can cause many problems for me in the future and want to try to undo this situation. How do I go about it? I also do not have funds to pay a lawyer, is this something that I can do myself? Would it be easier to terminate parental rights instead of opening the divorce decree? Which is more effective?


Asked on 4/19/02, 11:22 am

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Opening a divorce decree to remove a child listed

Cause you problems in the future? It is causing you problems right now. Why don't you go back to the attorney who handled the divorce for you in the first place and ask him to correct this?

You need to file an Amended Judgment of Divorce, with a supporting affidavit explaining the problem. It would help if you had an affidavit from the mother, acknowleding that you are NOT the father of the child in question.

If you need help, or just want to consult with an experienced attorney, for a FEE, please feel free to call me.

(516) 741-7799.

For more information, and directions, please check my web site.

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Answered on 4/20/02, 8:56 am


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