Legal Question in Family Law in New York

I was summoned to court for child support which she stated i dont pay and have nothing to do with the three kids since birth. i have proof that i paid support every week. i can prove that they are with me on holidays since they live out of state and the whole summer with me. she petitioned the court for establishment of paternity and retro active support. the court will not give me dna test and are forcing me to sign stating im the father. i plan on always being their father and supporting them but i want to know the truth. they say if i dont sign it will go to a hearing and i will fall under the law estoppel. is there any way to fight this? i dont want to sign until i know the truth and im out of work cant afford my own dna.


Asked on 12/06/10, 9:02 am

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Once you acknowledged that you are the father it is considered a decided issue and you are not allowed to change your mind as a matter of public policy. If you do not sign, you are going to be forced to a hearing. At the hearing the court will take judicial notice that you have been holding the children out as your own and will, by estoppel, state that you had the right at the time of birth to challenge the paternity of the children and can not be allowed to make that challenge now.

As for child support, if you proof meets the requirements then you do not have anything to worry about.

You should retain legal counsel. This could get complicated and you want assistance in this.

Joel R. Salinger

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Answered on 12/12/10, 7:53 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

It may sound as if you may need an attorney to assist you with this situation... You may not be entitled as of right to testing as a result of having held yourself out to have been the father for a lengthy enough time...

Ifnyou decidenyou need the assistance of an attorney contact us at 212-405-2234

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Answered on 12/16/10, 10:28 pm


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