Legal Question in Family Law in New York

Re: paternity

Under the law, the husband is presumed to be the father of any child born to his wife, despite any period of separation. The burden is on the husband to prove that he is not the father of the child. However, a ton of issues can come up in this kind of a situation. Please email me if you want to discuss this a bit more. I won't charge you a fee unless you decide to hire me, so my consultation is free.

Re: paternity

If a spouses' "non paternity" is not clearly established by the Court, in a timely manner*, a spouse can be held responsible for his spouse's child, born during the marriage. Separation of the parties has little if anything to do with the parental obligations the Court can impose upon the "putative" father of a child born during a marriage.

*A Paternity Court Petition should be filed, within months of the child's birth.

Good luck,