Legal Question in Family Law in New York
Paternity and New York
My soon to be ex spouse was advised to seek a paternity test for our un-born baby. He was advised to go pick up a form in the Court. What is the form and would it do anything other than provide right to establish paternity. I know that he is 100% the father, the main issue is the baby was conceived in a nonconsensual manner. He has admitted to this and refers to it as a mistake when I know what he did is a crime. In any cas, he has told me that he will sign a re-agreement regardin custody and visitation after the baby is born. He states he will agree to terms of paying for support, grant me full custody and not seek visitations. He would like me to agree on another agreement that I will not press charges. Is there anythin I should be concerned aout regarding this form for paternity? I want to be sure it doesn't grant changes to what we will agree upon. I am due in less than 3 weeks. (The baby was conceived while we were living apart and the only time we were alone since the separation - a police report was filed and have only met in public to sign divorce papers and an agreement regarding this situation at a notary office)
1 Answer from Attorneys
Re: Paternity and New York
If your EX has agreed to pay child support while waiving his rights to have a parental relationship with the child,... and that is what you want, accept that as a "GIFT."
Please note, w/o the agreement, your soon to be EX has the RIGHT to Petition the Court to establish paternity of a child, born or conceived during your lawful marriage to him, notwithstanding the circumstances around the conception of your child.
If it is determined that he IS the biological father, he also will have RIGHTS to all rights of paternity, including regular and frequent visitation, possibly custody, his name being used, and so forth. Further, the Court is unlikely to charge a father with obligations, to pay child support, without attendant parental rights, of access and contact with his child.
Good luck,
Phroska L. McAlister,ESQ
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