You should consult an immigration attorney moving forward. You will need a copy of the child's birth certificate and your attorney may need to look at state specific rules about paternity of a child during a marriage as well. You should seriously consider always hiring an attorney to assist you anytime you are dealing with USCIS.
It will be an issue.
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Is the child yours or not yours? What did the court hold? If not yours, you don't have a child...
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.