Paternity for Dad's

[scthumper1228]

Well, new topic, lets see how it does.  I am here to ask for direction, help or support at this time.  My soon-to-be exwife gave birth to a child in Feb of this year.  I was in and out of jail at this time, and not sure that I am the father.  Along with my doubt, everytime we got into a fight she would throw it up in my face that I was not the biological father of this child.  We are now going thru a divorce, and she is asking for maintenance and support for this child.  I have filed my answer and counter claim, but I was wondering if the "father" could request paternity testing thru the court.  I have asked my soon-to-be several times and she says no, or gives other reasons she can't do it.  I belive that I am not the father of this child, but if the testing proves I am, I will certainly take care of him.  I just don't want my soon-to-be to have me care for a child that is not mine.  Any suggestions, or sites I can check out.
thanks for helping out.

Down on luck Dad!!!

[ocean]

You should ask for a paternity test first through the court (as your answer to her). The court will force her to have the child tested.

[janM]

The other possible Dad definitely can ask for a test. I'm not sure if you'll be able to, as since you are married to Mom, you are the legal father. Is there a name on the birth certificate? The potential dad usually has to sign an acknowledgement of paternity for his name to appear on it if he and mom are not married. Did they ask you to sign anything, or were you in jail?

What state are you in? Do you have an attorney for the divorce?

[ksmarks]

I have to agree with Jan, if the child was born while your were legally married, you are legally the father, at least in NY, you need to check with your states codes, here it would be domestic relations as well as surrogates.


You need to either do the reseach thru your states codes, or ask an attorney, is legal aid an opition?

Well wishes to you and yours....

[scthumper1228]

Yes we were legally married, but.... I am only listed as the father, did not sign the birth certificate, and as well I was incarcerated when she became pregnant, all the way thru the pregnancy and delivery.  I am using the paternity as part of the grounds for divorce, and she has filed for assistance in our county of residence, and the dhs wanted to prove paternity so they could slap me with paying back the moneys she filed for. but with this child I have asked the dhs to do so, and they will not.... so I am waiting on our 30 day hearing and then see what happens.  Thanks for all the responses.

[ocean]

Yeah, I am in NY too...if you are married you dont sign the birth certificate. Both husband and wife are listed and presumed the parents. Let us know what happens...

[snowrose]

I did a search simply on NY paternity and found a form to "Vacate Paternity".

NOTICE: PURSUANT TO THE PROVISIONS OF SECTIONS 516-A AND 532 OF THE

FAMILY COURT ACT, UPON THE FILING OF A TIMELY PETITION TO VACATE

THE ACKNOWLEDGMENT OF PATERNITY, THE COURT MAY BE REQUIRED TO

ORDER GENETIC TESTING, INCLUDING DNA TESTING, FOR THE DETERMINATION

OF THE CHILD'S PATERNITY AND TO MAKE A FINDING OF PATERNITY AND

SUPPORT, IF APPROPRIATE.

So if they have a form for it, there must be times when the court will let you question paternity.