I have a child with a woman I was not in a relationship with her just a one night fling. She was 20-21 when she had the baby and I was 23. I have proof in writting that she was in a relationship, before, during and after the date of conception of my son.( was recently given to me from a friend who saw ) I signed the Paternity Ackowledgement at the hospital. I have gone though a nasty custody battle and have endured alot of abuse from her and her family. She made a false police report got me put in jail for it, and she threathed to have me killed mulitple times and much more vulgar threats. ALL IN WRITTING FROM HER. Is it to late to get a DNA test if my son is 4 already? If I was not the father would i still be able to have rights to my son who is 4?
In New York family law matters, fathers are estopped from denying paternity in most instances once a man has been known to be the child's father by the child. Thus, if you have already been any custody proceeding it's clear that you're known to be the father this child and therefore most courts would deny you in order for DNA test. If you don't already have an attorney you certainly should try to obtain one now to discuss this issue in further detail. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
If you held yourself out as the father you may not be allowed to challenge this, however if you did not have a relationship with the child and were misled into acknowledging paternity, you might get a chance to challenge.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.
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