Buffalo, NY asked in Family Law for New York

Q: Can a mother deny a paternity test to a guy who is not on the birth certificate

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2 Lawyer Answers
Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: If the father starts a paternity case in Family Court, the court will likely order it regardless of who is on the birth certificate. However if the child is an older child and another person has held themselves out as father, the court can hold the other person responsible for the child. If paternity is established the court will determine child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It depends on the timing. If several years have passed, it all depends on whether or not someone else has held themselves out as the father. It would also depend on who the child believes is the father. You need to sit down with an attorney and go over all of the facts to get a better answer.

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