Baldwinsville, NY asked in Family Law for New York

Q: Need a DNA test done need to know the best way to go about it.

The guy that signed the birth certificate. Told the kid I was her father. We want to find out. Court denied me years ago to get a DNA test.

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2 Lawyer Answers
Sandra M. Colatosti
Sandra M. Colatosti
Answered
  • ALBANY, NY
  • Licensed in New York

A: You will be faced with the issue of equitable estoppel. That is, if the child believes that the other man is his/her father and it would not be in the child's best interests to find out that you are actually the father, the court will will not order a genetic marker test.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in New York

A: New York as most states claim to be "progressive," but in reality is retarded. One look at the law of children will plainly show this characteristic.

New York places stability of a child over the rights of the natural parent. That means if the non-biological father has been raising the child for years, then no court under any circumstances will disturb that upbringing. To challenge paternity, the asker would have to demonstrate the unavailability of the other man who signed the birth certificate to sire the child, and that rebuts the presumption of paternity which then allows admissibility of a DNA test. A lawyer is needed to string all this together in the proper petitions.

This is all precluded now because the asker did not act immediately. He allowed "years" to go on, and he relied on the taxpayer to provide him a DNA test. Perhaps he should have paid for his own test and somehow gotten the child to take that test. Surely the mother would not permit such a stunt, and instead nurtured the child to have the other father do the raising.

Paternity is established in the other father by way of the birth certificate, and there is no best way to go about it.

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