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.
3 Answers from Attorneys
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
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.
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.