Legal Question in Family Law in New York

Paternity can not be contested with out legal council?

My husband has 3 children with an

ex-girlfriend. Paternity is in question.

He did sign papers claiming paternity

as he was incarcerated and forced to

sign papers with out reading them.

Now that he is free, he would like a

DNA, mother is refusing. Childsupport

is paid on time, visitation denied by

mother, she will not relinquish his

rights and will not let him challenge

paternity. Court says he can not file

anything with out legal council. Is

this true? What rights do men have

when the women are not cooperative

? All my husband wants to find out

is the truth.


Asked on 4/16/08, 11:48 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Paternity can not be contested with out legal council?

He file his own papers with the Court, but I would think that when it is a matter as to whether he owes child support for three children the assistance of a professional would be a necessity.

I should also point out that the cost for a dna test would be $99.00 through the auspices of the Family part, for each child.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 4/16/08, 12:18 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Paternity can not be contested with out legal council?

I agree with Mr. Moore, he can file his own motion. He does not need an attorney, but I strongly suggest he get one.

Read more
Answered on 4/16/08, 2:04 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Paternity can not be contested with out legal council?

With something as serious and with long term consequences you should get a lawyer.

If he signed that he was the father of the children, you must go to court to vacate the paternity order.

This should be done by a lawyer, who could better explain the consequences of doing same.

Courts do not like to vacate paternity orders. Many times the child/children have a bond and consider the father on the court order to be their actual father.

Since you confessed to being the father, it takes twice the effort to disprove it.

These days with DNA and other tests, one can with certainty prove who is the father.

Interesting - is he paying support and/or receiving visitation.

Perhaps you can get a DNA test when the children are visiting, and satisfy yourself as to parentage.

You can also use that result to challenge the paternity which was admitted to.

Feel free to contact me if you wish to retain the services of this firm.

The longer you wait the harder it becomes to challenge the order.

Read more
Answered on 4/16/08, 2:46 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York