In NY, if the father has a relationship with the child and signed the birth certificate, he's the father and will not be able to disclaim being the father of a five year old, even if the dna test came back negative. There is a Court of Appeals case directly on point.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
The father can always request a DNA test, but once an acknowledgement of paternity is signed, then you cannot claim that the child is not yours. This should have been taken care of at the time the child was born.
If you signed an acknowledgment of paternity, your ability to set it aside after five years is very limited. Also, if you have a relationship with the child and the child thinks of you as the father, you will probably be prevented from going forward, and the court will not even order the DNA testing.
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