Legal Question in Family Law in New York

My girlfriend and I had been broken up when she sleep with another. A few weeks later she said she was pregnant and said was mine.

I found out later she had slept with another. When the baby was born he didn't look like me at all. So she put my name on the baby. I had gone in the service for 5 years so saw little of the 2 of them .

No court action had been done until I was out of the service ( I always sent more than enough money for support).

After she signed court papers that I was the father, next court time she wanted to do a DNA but they refused.

I didn't a home DNA and I am NOT the father. I found out who the guy is and see that the guy and boy are like clones of each other.

I also talked to the other guy and when the boy was 1-2yrs old the mother gave this guy a home DNA test but never did anything after but to repeat court for more support. What can I do or what? I see the boy very little and calls another guy Dad. Is a mess from the mothers doing. TY

Asked on 6/04/13, 12:08 pm

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

Since you were not married and you know the child's father and the child calls this man "dad" and there has never been a paternity test naming you as the father you should be OK. The only thing tying you to this child is the fact that you have been sending her money regularly. I would stop sending her money althogether and if you are ever summoned to go to court and asked why you sent her money you should say it was NOT child support and that you want to hire an attorney before saying anything else. If you are pressed by the court you can say that the money was a gift but not child support since you are not the child's father.

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Answered on 6/05/13, 10:30 am

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