Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband
Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future
A: The legal presumption in New York, that any child conceived during the marriage is the child of the husband. Unless he brings a paternity action to rebut that presumption, he will be, under the law,. the father of the child. You do not have to do anything. As soon as the child is born, he will be financially liable. It is up to him to file to prove it is not his child. Talk to an attorney.
A: Any child born during the marriage is a child of BOTH parties to the marriage. You don't need DNA proof. As your husband/father of the child he must pay child support you only have to file a petition for child support in Family Court if he does not pay. If a divorce action is started, child support is something that must be dealt with paid by the non custodial parent.
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