Q: Bad situation with ex fiance advice needed, up state newyork
I am from the UK , for last 4 years I have been engaged to a girl from New York. Iam not a USA citizen. After what I thought was my child was born in Utica NY I got cancer and have been between the UK and usa. She tells me our daughter isn't mine during an argument. Nearly 3 years down the line, daughter will be 3 in December, she texts me and says we are done. I am changing our daughters name to mine. I have been the childs dad for her, her whole life, and have supported them always paid for everything. (child) has been to the UK 7 times in her short life.
I now find out that.
1. She is trying to prove I am not the real dad, she has been in touch with the real dad and they have agreed a DNA test but on the condition that he doesn't support them, just remove me and place him on, remove him and place her last name on, she basically wants no support or men in Harper's life?!.
Surely any judge would look at her like she is has lost her mind?. I was primarily money provider.
A: If in NY you can advance the argument of estoppel and you should also seek a DNA test in a Paternity action
A: The first question to be answered is did you and your ex sign an "Acknowledgement of Paternity" in the hospital or shortly thereafter. If you did, and it is now 3 years later, then under NY law you are the father and before anything else can be done, your ex would have to show that she signed it under duress, or through your fraud. Short of that the acknowledgement stands and you are the father and a DNA test for the other person should not happen. If you didn't sign an acknowledgment, I suggest you go to court ASAP and file for paternity. You can argue that based on the fact that you have held yourself out as the father and supported the child that you are the father. This argument is called estoppel (which means you ex is stopped from arguing that you are not the father). You can argue that no DNA tests should be done. You should sit down with an attorney and discuss this as soon as you can. The petition for filiation can be found on line and you can mail it to the court.
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