Legal Question in Family Law in New York

paternity/child support int'l situation

I'm pregnant [NY State] and not married to the father. He resides in the EU and doesn't want to sign the affadavit of paternity. He also wants a dna test which I suspect is a delaying tactic. He refuses to get a legal one and wants a ''peace of mind''. He has not contributed to maternity expenses either. Can I sue him for child support from NY or do I have to go to h is residence? I am a US born citizen and also dual EU citizen. Baby is born in NYC.


Asked on 6/13/07, 11:34 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: paternity/child support int'l situation

My best wishes for a healthy baby. That is the most important thing of all.

1. If you are now in NYC and the baby was born in NYC, then you may under the relevant treaty between the US and EU bring an action for child support here in NYC.

2. There are some problems. You muist show that he is the father. That can be done in many ways, but he seems to have rejected all of them leaving you with only DNA. The court can, and often does, order him to submit to a DNA test.

3. The biggest problem is personal service on him. This must be done in accord with CPLR 306. I would be happy to discuss with you (for no fee - email is best to something like this) some ideas on how to accomplish this legal requirement.

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Answered on 6/18/07, 4:15 pm


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