Dad wants to know

Pete0808

New Member
Jurisdiction
New York
Greetings, My ex-wife gave birth in October of 2012, while we were still living together. She had me so convinced that the child could not have possibly been mine that I did not press the issue of not having him carry my name and acknowledging Paternity. (The child is now 6 years old.) But over the years I've been thinking about this and have asked her on multiple occasions (verbally and in writing) that a DNA test be performed. (I've even bought the kit, thinking this is something she would consent to, saving us both some time, "pain & suffering.") But she won't budge. So, I've been advised to take up the matter in the Bronx Supreme Court where the divorce was signed, in April, 2014. Because I acted on the belief the child was not mine, he was not even mentioned in the Divorce as a product of the marriage. Do I stand a chance the judge who signed the Divorce could order that a DNA test be performed?
 
Anything's possible.

Here's some information from the court:

NY City Family Court -- Paternity FAQs

All I can say is file your petition and see how it goes.
Thank you, adjusterjack

Additional question:

I'm trying to fill out a "Notice of Motion" form in the Bronx Supreme Court, New York City, and in the body of the "Motion," after "...the plaintiff making this request...will move in this Court, at ...on the...in the Motion Support, Clerks Office Room...for an order pursuant to .......................................................then it says to "insert Statue that applies. I don't know what I'm supposed to put in that space.
 
Ok. Thank you, adjusterjack
adjusterjack, I was told by Family Court that because the child was not mentioned in the Divorce, I cannot pursue this claim in Family Court, I must take it to Supreme Court - Bronx Supreme Court, in fact, where the Divorce was filed, and signed.
 
Do I stand a chance the judge who signed the Divorce could order that a DNA test be performed?

A married male who believes the female to whom he is married gave birth to a child during the course of the marriage that he didn't sire, it doesn't matter. The married male is the putative father of the child. The man need not sign a birth certificate to be the putative father under operation of law.

If the father later wishes to contest his putative father status, he can petition a court to order a DNA test. Once the results are known, the judge will rule accordingly.

Who already have DNA test kit. It would be very easy for you to take a swab from the child, and one from yourself. In a few days you'll know if your hypothesis is correct, or incorrect. Depending upoin what the test reveals, you act accordingly. No one but you needs to know that you took the swabs and submitted the samples. Only upon learning you AREN'T the father of the child will it be necessary to take the matter to court.
 
adjusterjack, I was told by Family Court that because the child was not mentioned in the Divorce, I cannot pursue this claim in Family Court, I must take it to Supreme Court - Bronx Supreme Court, in fact, where the Divorce was filed, and signed.

Never take legal advice from a court clerk. :D

You would be wise to seek assistance from an attorney.
 
A married male who believes the female to whom he is married gave birth to a child during the course of the marriage that he didn't sire, it doesn't matter. The married male is the putative father of the child. The man need not sign a birth certificate to be the putative father under operation of law.

If the father later wishes to contest his putative father status, he can petition a court to order a DNA test. Once the results are known, the judge will rule accordingly.

Who already have DNA test kit. It would be very easy for you to take a swab from the child, and one from yourself. In a few days you'll know if your hypothesis is correct, or incorrect. Depending upoin what the test reveals, you act accordingly. No one but you needs to know that you took the swabs and submitted the samples. Only upon learning you AREN'T the father of the child will it be necessary to take the matter to court.
Army Judeg
A married male who believes the female to whom he is married gave birth to a child during the course of the marriage that he didn't sire, it doesn't matter. The married male is the putative father of the child. The man need not sign a birth certificate to be the putative father under operation of law.

If the father later wishes to contest his putative father status, he can petition a court to order a DNA test. Once the results are known, the judge will rule accordingly.

Who already have DNA test kit. It would be very easy for you to take a swab from the child, and one from yourself. In a few days you'll know if your hypothesis is correct, or incorrect. Depending upoin what the test reveals, you act accordingly. No one but you needs to know that you took the swabs and submitted the samples. Only upon learning you AREN'T the father of the child will it be necessary to take the matter to court.

army judge, I bought the kit. She knows nothing of my purchase of the kit. I have not been able to get a culture sample because the woman and her new husband have been making sure I get nowhere near the child.
 
Judge, it sounds like the OP WANTS to be recognized as the father.

Bottom line is that this is far from a do-it-yourself matter, especially in the Bronx. Pete needs a competent family law attorney.
 
Judge, it sounds like the OP WANTS to be recognized as the father.

Bottom line is that this is far from a do-it-yourself matter, especially in the Bronx. Pete needs a competent family law attorney.

Highwayman, You may be right. Problem is, I can't afford an attorney right. But at the same token, this matter is much to dear to me, for me to botch it up. I would be willing to get an attorney if I could find one that would agree some type of payment arrangement. Also, as an Inmate of a State of New York Correctional Facility, could the Court assign me an attorney?
 
Also, as an Inmate of a State of New York Correctional Facility, could the Court assign me an attorney?

Yes, special guests of the State of NY living in correctional facilities are able to obtain state funded attorneys to assist in civil or criminal proceedings.

I suggest you ask your Attorney in Residence (another special guest), a counselor, or a social worker at your facility for instructions on how you might obtain one of the real attorneys to assist you.

If you have a sibling or parent, either can obtain the scientific answer you seek by testing their DNA against the child's.

There are many ways to fleece sheep.
 
Yes, special guests of the State of NY living in correctional facilities are able to obtain state funded attorneys to assist in civil or criminal proceedings.

I suggest you ask your Attorney in Residence (another special guest), a counselor, or a social worker at your facility for instructions on how you might obtain one of the real attorneys to assist you.

If you have a sibling or parent, either can obtain the scientific answer you seek by testing their DNA against the child's.

There are many ways to fleece sheep.

army judge, thanks for your reply. The Facility has no attorney-in-resident. The counselor there is totally clueless. I have no one who's able to get that close to the child for a DNA sample. I guess I'm just gonna have to start at the court myself, and hope for the best.
 
army judge, thanks for your reply. The Facility has no attorney-in-resident. The counselor there is totally clueless. I have no one who's able to get that close to the child for a DNA sample. I guess I'm just gonna have to start at the court myself, and hope for the best.


LOL, I was referring to what some call jailhouse lawyers.
 
I'd say you stand zero chance of navigating through either Supreme or Family Court anywhere, but especially in the city. The system is busy with large caseloads and judges tend to have no patience for pro se litigants who have no idea what to do in a court room.

Besides, if you're in prison how do you expect to attend any court proceedings?

Are you looking to be declared the legal father of this child If so, then what?
 
I have not been able to get a culture sample because the woman and her new husband have been making sure I get nowhere near the child.

No surprise there. You are a convicted criminal doing time.

Seems to me that it's rather mean and nasty to want to saddle a 6 year old with that knowledge. Or are you using the attempt as a way of getting revenge on your ex-wife for something?

No, I don't know you. But I've read thousands of these stories where exes use their kids as weapons against the other ex. Not hard to imagine the same criteria here.

This might be something to seek "after" your release.

Good idea.
 
My ex-wife gave birth in October of 2012, while we were still living together. She had me so convinced that the child could not have possibly been mine that I did not press the issue of not having him carry my name and acknowledging Paternity.

I don't entirely follow this. First of all, unless you have no concept of how human reproduction works, you knew or should have known whether there was a possibility that you were the biological father. In other words, you knew or should have known whether you and your wife had sex near the estimated date of conception. Second, a child born to a married woman who is cohabitating with her husband is legally presumed to be the woman's husband's child. No "acknowledgment" of paternity is needed. Whether you believed at the time that the child was not yours isn't relevant to anything.

the divorce was signed, in April, 2014. Because I acted on the belief the child was not mine, he was not even mentioned in the Divorce as a product of the marriage. Do I stand a chance the judge who signed the Divorce could order that a DNA test be performed?

This is a problem. If you believed you were not the child's father, it was incumbent on you to seek to prove that, and it sounds like you didn't do that. The divorce court should have been informed about the child's existence, and, in the absence of efforts to disprove your paternity, your divorce decree should have included provisions for the child's custody, visitation and support. Doesn't sound like any of that happened. It's not clear (or particularly relevant) what your motivations are, but you should keep in mind that, IF a DNA test is done and IF you are proven to be the child's biological father, one possible result is that your divorce decree will be modified to provide for custody, visitation and support and you'll get hit with 3-4 years of unpaid support. Might be best to let sleeping dogs lie.
 
Again, it sounds like the OP wants to be acknowledged as the father since he believes the child is his, although he is not too clear on this and hasn't answered the question "why".
 
Again, it sounds like the OP wants to be acknowledged as the father since he believes the child is his, although he is not too clear on this

It also sounds like no one disclosed the child's existence to the divorce court (from the first post: "he was not even mentioned in the Divorce as a product of the marriage").

Because the child was born during the marriage to a woman who was cohabitating with her husband, the presumption that the husband (i.e., the OP) was the father should have applied. The divorce papers should have identified the child as a child of the marriage, and the divorce decree should have made provisions for custody, visitation and support.

If the OP's desire is to correct the situation and be acknowledged as the father, then he probably needs to seek modification of the divorce decree, and there's probably no need for a DNA test to be done. As mentioned in my prior response, that probably will result in him being hit with 3-4 years of unpaid support arrearages, so maybe not the smartest idea for someone who's stuck in prison for who knows how long.
 
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