Legal Question in Family Law in New York

Re: Unknown Child

I agree with Mr. Hanlon. He should not agree that he is the father without taking the matter to court. It is quite possible that the only reason his ex-girlfriend is saying he is the father is to make it more difficult on the other man involved.

If indeed he is the father, which must be proven in a court of law, then he must pay child support, regardless of if he was aware of the child or not. You may be able to work out something with the mother, but you should not negoitiate with her until it has been proven that the child is in fact the biological child of your fiance.

Re: Unknown Child

Child Support may be awarded if your fiancee

is indeed the father, but it can only be

future child support, not present child

support. The Child Support is also only

awarded from the date a court action is

commenced. The simple "announcement" that

some else is the father is not sufficient

to cause this liability to attach.

Paternity could be contested. This can be

done in Court, and a blood test required.

If the test result eliminates the possibility

the question ends.

If the test is positive, a request may still

be made of the Court in the nature of

estoppel, namely, preventing the Court

from declaring someone other than the person

who has been held out as the father for the

past six years because to do so would

bastardize the child, traumatize the child

and serve no legitimate purpose. This,

though, is within the sole discretion of the

Court and it can decline to act in such

fashion without giving reason.