Legal Question in Family Law in New York

Deadbeat Ex-Wife

I am hoping that you can help me with this problem.There is alot more to this.

I was divorced from my ex-wife in 1989.I married her because she had become pregnant,and doing what I thought was the right thing married her ,we had a son I moved out when he was 1 He is 15 now and is Emotionally disturbed.She came to me 5 years ago and said that social sevices were going to take the boy away because her livein boyfriend was abusing him.My present wife and I decided to give him a fresh start and had him come live with us,ever since then our lives were turned upside down.The abuse charges were a lye there were no such charges.I feel they planed this so I would take the child.Last year I had D.N.A. tests done and found out that the child is not even mine.My ex took off to another state.The boy wants to live with his mother but she won't take him back.He lives with me but he hates my wife and my daughter with his emotional state has put us all in physical risk and metal fatique.He has been in the pins program and see a phychiatrist but its not helping.

Is there any legal was that I can have her take him back or at least have her move back to the state so that he can see her.We are at our wits end and have tried everything.


Asked on 5/29/01, 1:48 pm

2 Answers from Attorneys
Kellie Gasink Kellie Gasink, Esq.

Re: Deadbeat Ex-Wife

There is no easy answer to this issue. I suggest you get a competent attorney.

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Answered on 6/27/01, 9:04 am
Garry Hanlon

Re: Deadbeat Ex-Wife

There is no simple solution

You cannot force the ex to return to the state

You probably cannot force the ex to accept

custody

You will have problems in having the child

declared as not yours due to the presumption

of legitimacy, and the statements in your

divorce decree regarding parentage

Fraud does come to mind, but it may not

carry the day due to the time frame

Placement of the child in a state facility

is an unpleasant option, and one which

must be explored with a jaundice eye and

a view towards the state attempting to have

you pay for it due to the prior statements

in a divorce decree

This requires considerable legal work and

needs immediate counsel

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Answered on 7/09/01, 2:40 am


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