Binghamton, NY asked in Family Law for New York

Q: Attempted to serve husband with court papers for paternity, had a baby with current boyfriend. Paternity test possible?

Tried to have a process server serve current husband with court papers for paternity.. I had a baby with my boyfriend. Is it possible to get a paternity test done without my husband being involved? I attempted to serve him with court papers.

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: We cannot provide legal advice as there is no attorney-client relationship formed here on this website. We can educate.

One bit of education is that husbands are presumed to be the biological fathers of their wife's children. The asker wants to establish something New York law already establishes. The asker will be unable to compel the husband to undergo a paternity test unless the husband asserts he was unavailable to sire the child, and that ordering a test is in the child's best interests (which means ordering a paternity test for a boyfriend).

The asker should not take bits and pieces of legal talk to fashion a petition for paternity. Doing-it-yourself can cause a locking in of the husband as the biological father and excluding the boyfriend. The asker must consult with an attorney to determine what is the best course of action in this situation.

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