Fulton, NY asked in Divorce, Family Law, Child Custody and Child Support for New York

Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a separate relationship during our marriage. We were in agreement about sharing legal custody of the kids and for me to remain on the birth certificates but everytime I do anything my wife does not like she threatens to take the kids from me all together. As of today I told her about an overnight trip I planned to take next week and now she is saying she is going to contact the biological father to get me off the birth certificates and does not want me to have any legal custody of our kids. She has also told me not to ask to see them period because I obviously do not want to be a parent. She is in the military so everything runs or changes according to what she's doing that day for work.

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

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