Legal Question in Family Law in New York
Establishing Paternity/Changing Records
I just found out I am the father of a 5 year old male who lives in New York. I live in Maryland. The person thought to be the father had a paternity test done in court and found that he is not. The mother wants me to be involved as do I. The original father doesn't want me involved. She wants nothing to do with him. He does not see child at all. My question is; do I have any rights. Can I acknowledge paternity and legally change all records?
2 Answers from Attorneys
Re: Establishing Paternity/Changing Records
Yes, You would file with Family Court - acknowledging paternity - and would petition for visitation rights, etc. You will also be responsible for child support.
First things first - you may want to have a paternity test conducted to be sure it is yours.
Good luck.
Re: Establishing Paternity/Changing Records
It may not be his child; but that, alone, does not make it yours, either. She has lied at least twice: once to the putative father and once to you, by concealing from you that the child was yours. You should INSIST on a DNA test, etc.
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Once paterntity is established, you would have a right to visiation [your absence for five years should not be held against you where the mother concealed the child from you] and, eventually, even to seek custody.
Suggest you consult with an experienced Family Law attorney in or near the country in which the child resides. My office is in Mineola, Nassau County (LI).
Hope this helps.
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