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Ely
Ely, Counselor at Law
Category: Family Law
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I was married in New York over 15 years ago. My wife left me

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I was married in New York over 15 years ago. My wife left me and moved to Florida 10 years ago and we have not seen eachother since. 7 years ago she had a child, I do not know who the father is. She recently contacted me and stated that even though I am not the childs father and have not even seen her in over 10 years, that I am responsable for her child because we were never legally divorced. Can this be possible? What is my best course of action?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Do you know at all who the father is? Has she filed support yet?



Customer: replied 4 years ago.
I have no idea who the father is. From what I know she has not filed for support. She sent me an e-mail asking for a divorce because she wants to re-marry. I responded to her that it was no problem, send the papers and I'll sign. She said she wants me to file and pay for everything and then proceeded to say how she would hate to have to hold me accountable for her son. Can she really do that?
Expert:  Ely replied 4 years ago.
NO! Don't worry, she can't. But you NEED to take steps to have her prevent from doing so ASAP. You have to be a little proactive here.You have to file a Petition to Adjudicate Paternity. The Court will order a DNA test on the child and you. Once it comes back negative, the Court will issue an order which will supersede any/all birth certificate, etc. record and list you as NOT THE FATHER. You'll be off the hook. You'd better do it sooner than later b/c she may file for child support, and while you'd have a chance to ask for DNA testing in that litigation, it becomes more worrisome and generally unpleasant as soon as the state's child support office gets involved (they're vicious and anti-male).

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
Since she is in florida and I am in New york, is this something I can do online or do I have to travel to florida?
Expert:  Ely replied 4 years ago.
You have to file it where the child has been living the last 6 months, i.e. Florida, I'm sorry. You file this with the county family court of her county. I would recommend hiring an attorney to do this all and just coming down once for the DNA test, or perhaps twice if for some reason the attorney recommends for you to even show in court once the DNA results are in. I can help you find an attorney down there if you'd like.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87775
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 12 other Family Law Specialists are ready to help you

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