Legal Question in Family Law in New York

Divorce and paternity question. My husband and I separated for 2 years, i had a son who is 2 now, he is not biologically from him, but listed in the birth certificate, I raise him myself. we are applied for an uncontested divorce almost a year ago, he never contact with the baby or was a father for him or helped financially. both of us agreed he is not obligated to pay child support and i want to remove him from birth certificate. The Referee denied our petition without an Order of Filiation with the biological father. Biological father run away from NY and not interested in parenting. I am also afraid he will start manipulate with a child just to do smt bad to me.I simply want to get divorce and have sole custody and move out of US to my native country with my son. What should we do in this situation if there are no assets to hire again expensive lawyer? Thanks!

Asked on 2/01/16, 10:52 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

I think you're out of luck. Your husband is the presumptive father and he is on the birth certificate. Moreover, of your son knows your husband as his father, there is just about no chance that a family court judge would enter any orders that would Remove your husband from your son's birth certificate

Read more
Answered on 2/13/16, 12:08 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York