Bronx, NY asked in Divorce for New York

Q: Do I need to file for a paternity test on a child born outside my marriage when I am filing for a divorce?

I am legally married to someone that has given birth to a child by another man. I share legal joint custody of my daughter with her. The supposed father of the other child claimed that he has signed a birth certificate saying he is the father. I have been told by other lawyers that because I am legally married and my soon-to-be ex-wife has given birth by another man that I have to have a paternity test done on that child before I will be granted a divorce. I need to know is that accurate?

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

A: There is a legal presumption, that is rebuttable, that a child born to a married woman is the child of her husband. If this is an uncontested divorce, having both parties stipulate and put into a Judgment of divorce, that the husband is not the father, is sufficient. If this is contested, then this wold be addressed in the contested divorce. Speak to a lawyer.

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

A: If you are married to the mother of the child, the child is considered your child. However, if the other person and your wife have signed an acknowledgment of paternity and you do not contest the fact that you are not the father, you can have your attorney put this in the Stipulation of Settlement to show why you are not paying child support and not requesting visitation.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Lindenhurst, NY
  • Licensed in New York

A: The presumption that a child born during a marriage is the biological product of the husband and wife is one of the strongest presumptions in the law. A birth certificate stating otherwise may be enough to overcome this presumption.

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