Legal Question in Family Law in New York
Paternity, underage father at birth, 5-9 years later
My son was 16 at the time of this child's supposed conception. The girl left my son with another guy and moved to a different state. During the time they were together, this girl was raped by another man. Five years later she e-mailed me looking for my son because he might be the father but she was ''pretty sure it was the other guy'' but she might want my son to be tested, she would let him know. Since then nothing until now. Four years later again, now she is trying to find my son, says she has his daughter but we're not really sure what she wants, a good possibility is money. This little girl is now 9 years old. We don't know who's been stated as the father on the birth cert. We pretty much don't know anything, but we need to know how responsible our son could be for this little girl and how far back he'd owe support should paternity be proven. What steps should he take to protect himself since this very possibly could not be his child?
2 Answers from Attorneys
Re: Paternity, underage father at birth, 5-9 years later
If the Court determines that your son IS the biological father of the child, your son will be obligated to pay child support from the filing date of the Paternity and Child Support Petition, to age 21 in NY.
Whether your son will be charged and obligated for child support retroactive to the date of birth is unlikely, but it is possible.
It is unlikely because of the difficulty or impossibility of determining what the child support should have been more than seven years ago, when financial records generally are not required to be maintained, for more than 7 years.
The Court can determine and declare that your son is the child's natural father, without a blood test, on testimony alone, in the event a Petition is "properly" served by publication. So, it is important that you stay abreast of everything happening in the Courts, ie., do not ignore "legal" documents, correspondence or process from the Court.
If your son is determined to be the father, he will be obligated and ordered to pay, per a state schedule, a percentage of his income for Child support, health insurance coverage and possibly "add ons" for child care.
Your son cannot be ordered to have contact or visitation with the child, of any kind. Since, that is NoT a legal obligation, but a right, personal to him.
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There are statute of limitations issues re certain statutary rape cases, which I believe may apply to your son's circumstances.
Also, Criminal issues re "rape" of a minor generally are considered irrelevant re child support obligations.
Good luck,
Phroska L. McAlister,ESQ
Re: Paternity, underage father at birth, 5-9 years later
Good Day:
Your son'situation is complex. Rights and obligation are many when it comes to a child.
That being said go see an attorney who does this work , most offer a free inital consulation and even if you hAve to pay a small fee for it its well worth your son's money. Good luck and if there is anything we can do do not hesitate to write directly. BRAD S. MARGOLIS,ESQ.
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