Just found out i am pregnant by my new boyfriend?
3 attorney answers
You should contact a NY Family Law attorney right away to discuss your situation in confidential detail. Under NY law, a child conceived during the marriage is "presumed" to be a child of the marriage. That is a rebuttable presumption. Whether it is in your interests (or the child's) to attempt or concede to a rebuttal of that presumption, is among the topics you should discuss in confidence with an attorney. Good luck!
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As the facts are presented here and using reasonable inferences, the divorced husband is not the presumed father, the boyfriend is. If that boyfriend refuses to acknowledge paternity, the asker must file a paternity petitions in family court to which the boyfriend can respond with a demand for a DNA test. A positive results results in an order of filiation and entry onto the child's birth certificate. A negative results means the asker has to find the actual father of the child.
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Many issues are presented here. If the child was conceived during the marriage, it is presumed to be the child of your husband. You should consult with a family law attorney.