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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I was married and wife was having an affair, we separated

Customer Question

I was married and wife was having an affair, we separated and wife gave child last name of man she was having an affair with. Is this legal for one, and second should I be responsible for paying support for a child who now bears last name of man wife was having affair with?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

Under NY law, there is a Presumption of Paternity, when the Mother is married. That means the husband is presumed to be the biological Father. And it does not matter if you were separated. However, if you can prove that there was no sexual interaction during the separation, then if she proceeds with a child support request then you can file for a Paternity test.

Expert:  Samuel II replied 1 year ago.

Here is a link to the NY code in this regard.