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Subject:
Paternity
Category: Family and Home Asked by: xl12-ga List Price: $10.00 |
Posted:
15 Apr 2005 20:08 PDT
Expires: 15 May 2005 20:08 PDT Question ID: 509926 |
What is the statute of limitations on contesting the paternity of a child born within a marriage in New York State. In other words, if a child is born within a marriage and subsequently I find out that I am not the biological father, how many years can go by before I legally disclaim responsibility for this child? |
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There is no answer at this time. |
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Subject:
Re: Paternity
From: czh-ga on 16 Apr 2005 01:12 PDT |
Hello xl12-ga, My preliminary research shows that New York laws regarding presumption of legitimacy for a child born in wedlock are rather complex. I hope someone can answer you question. In the meantime, here is an interesting article to help you with understanding all the legal issues involved in your question. Good luck. ~ czh ~ http://www.ancpr.org/why_truth_is_not_a_defense_in_pa.htm Why truth is not a defense in paternity actions Under New York law, the presumption of legitimacy can be rebutted with DNA tests that conclusively exclude the former husband as the father of the child.53 Conversely, New York courts also recognize paternity by estoppel, which excludes scientific evidence of non-paternity.54 However, under New York law, neither the presumption, nor the DNA tests, or the estoppel doctrine is regarded as absolute. Instead, each evidentiary value is factored into a determination that is intended to meet the best interests of the child.55 Consequently, New York courts will admit or exclude DNA tests and will apply or not apply the presumption of legitimacy or the estoppel doctrine based on whether such information will assist the court in arriving at a resolution that serves the best interests of the child.56 Hence, if a substantial parent-child relationship has developed between the husband and the child and no biological father is available to tag with the costs of the child's upbringing, the New York courts may find that it is not in the child's best interests to admit DNA evidence that disproves the husband's paternity.57 Similarly, even if the biological father is available, New York courts may exclude DNA evidence that proves the biological father's paternity or that disproves the husband's paternity on the ground that forcing a father-child relationship on the unwilling parties would be detrimental to the child.58 |
Subject:
Re: Paternity
From: webravi-ga on 16 Apr 2005 14:29 PDT |
The article sums it up quite correctly. If you allowed your name on the birth certificate and you've been in the house while the child has been raised, it will depend entirely on the judge. Get a good lawyer is probably the best advice. If you are upset enough, you can sue the mother for the deception. But that would be frowned upon (depending on the age). Youth/family courts operate very differently from normal courts. The judge has a lot of lee way, and always is looking for what's best. Hopefully, you can find the other man and make a demand that you're not responsible financially and that the burden is on him (if he's able to give the same level of support as you). However, if the mother makes enough money, then you could get off, but that's unlikely if you cannot find the other man. I don't know what kind of answer you're expecting, but a family lawyer will be able to go through your options a lot more completely. The statute of limitations to determine Paternity in NY is 21 years (Article 5 of the Family Court Act) A good resource (but do look around as I cannot vouch for accuracy): http://www.divorcesource.com/NY/info/resources.shtml |
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