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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Living in Nassau county on Long Island NY need to establish

Customer Question

Living in Nassau county on Long Island NY need to establish paternity of my son. I married his mother after he was born and am not listed on his birth certificate. We are starting a divorce petition and she is saying I am not the father after 5 years of providing for him. What is the quickest way to legally show paternity?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Keith,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You will have to ask the judge in the divorce matter to Order a paternity test be done to prove that you are the biological father of your son. The court will order this in the divorce and once you are proven to be the biological father, the court will rule that you are the legal father, with all rights and obligations of a parent. You may also then ask for an order allowing you to file an Amended Birth Certificate which lists you as the father of your child.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


I wish you the best in your future.

Doug

Customer: replied 1 year ago.

I went before the judge today regarding custody and he said I have no proof of being the father and they told me I can't get a DNA test from my doctor it won't be allowed. I am concerned that if I have to wait until we go before the judge for a divorce it will take a long time before I can petition for paternity. She signed papers for my son to go to a school near where I live but now she is threatening to take him out.

Expert:  LawTalk replied 1 year ago.

Hi Keith,

You need to ask the judge to order a paternity test. The court in the order will mandate that the test be conducted by an approved testing facility---not by your private physician.

If you have already file for divorce, or answered a divorce petition, you may ask the court to hold a Temporary Hearing at which child support and other temporary orders are issued, and you may ask the court to order a paternity test at that hearing. Or, you may simply file a motion for Determination of Paternity in the divorce case and the court will hold a hearing on your Motion---generally within a month or so. You will get the order and then you can get the testing done. It will be concluded before the court issues the divorce decree.

Once you are determined the biological father, you can ask the court for joint legal custody pending the decree which will give you a say in the school your son attends too.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 28001
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 6 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
It has been my pleasure to assist you Keith, and I hope you will ask for me on JustAnswer should a future need ever arise.

If you have any follow-up questions to my answers here, you may come back and ask them in this thread---at no additional charge------and I will be happy to assist you.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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LawTalk
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30 years legal experience. I remain current in Family Law through regular continuing education.