How can I withdraw a child support petition that was filed in Brooklyn, NY family court

Asked 5 months ago - Brooklyn, NY

My initially filling was to establish paternity. We have decided to use an at home DNA kit.

Attorney answers (5)

  1. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If you want to withdraw your petition, you can do so by letter to the clerk's office or by appearing at the next appearance date and telling the judge you want to withdraw.

    Please understand that your home DNA test will not have any legal significance.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the... more
  2. David Zaslavsky

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can simply not appear or ask tell the court when you get there. I would not do this however, as a DNA does not establish paternity as far as a court is concerned.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. Steven P. Kuhn

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If you will be seeking child support then you will need an order of paternity and a court order to make sure you receive your child support if it is not paid voluntarily.

  4. Christopher J. Battaglia

    Contributor Level 5

    1

    Lawyer agrees

    Answered . If your over-the-counter test kit establishes the question of paternity to the parties' satisfaction, then the they should sign an Acknowledgment of Paternity and both should be listed on the child's birth certificate. If there is any doubt about paternity, then you should continue with your paternity case. You can withdraw your petition, if you are the Petitioner, by not appearing on the return date of the case, sending a notarized letter to the Family Court which contains the Docket Number assigned to the case indicating your desire to withdraw, or going in person and telling the Referee/Family Court Judge you have decided to withdraw the matter. By itself, your DNA home test kit has no legal signicance.

    The foregoing information should not be construed or relied upon as personal legal advice or creating any attorney-... more
  5. Jodi Ann Donato

    Contributor Level 11

    Answered . You should NOT withdraw your petition. Even if the at home DNA kit proves paternity, without a court order there is NO legal establishment of paternity.

    Please note that my answer to your question does NOT create an attorney-client relationship.

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