New York State Laws on Paternity

pinkpassion · #1 10-16-2006, 02:50 PM

My husband and I have been separated since April of this year. This is not a legal separation, just when he moved out of the house. We have 2 children together, and I recently had a 3rd which is not his. I acknowledge that this child is not his, and it is obvious (my husband and I are both white, this baby's father was Puerto Rican). My husband is worried that the state considers him the legal father since we were married at both the time of conception and the birth of this baby. The baby's father is in jail and is denying paternity to his family. I do not know which jail he is in and I have had no contact with him, only his brother and his mother. I am on some public assistance (food stamps and medicaid) so I guess my husband's concern is that they will come after him for child support. His name is not on the birth certificate--there is no one in the father's section. So I guess I just need to know, legally speaking, what needs to be done in this situation in order for my husband to not have to be legally responsible for this child? Does it matter that I acknowledge that he is not the father or does the state still consider him the father? Thanks in advance!

pinkpassion · #2 10-16-2006, 02:53 PM

Oh yeah, I forgot to add...he wants a divorce so that is one reason why we are trying to figure this out.

seniorjudge · #3 10-16-2006, 03:27 PM

Q: So I guess I just need to know, legally speaking, what needs to be done in this situation in order for my husband to not have to be legally responsible for this child?

A: Start with a DNA test.

aaron · #4 10-17-2006, 08:28 PM

Have you considered initiating a paternity action against the biological father?

AROD3KS · #5 10-17-2006, 09:29 PM

one of my friends just went through this...she had been seperated from her husband for a couple years but not divorced yet, had a baby with someone else. the real father couldn't be put on the birth certificate until they went to court. her husband had to go to court and tell the judge that he isnt the father, and sign off rights saying it wasnt his. i would call your local family court and get some advice.

Quoting pinkpassion

My husband and I have been separated since April of this year. This is not a legal separation, just when he moved out of the house. We have 2 children together, and I recently had a 3rd which is not his. I acknowledge that this child is not his, and it is obvious (my husband and I are both white, this baby's father was Puerto Rican). My husband is worried that the state considers him the legal father since we were married at both the time of conception and the birth of this baby. The baby's father is in jail and is denying paternity to his family. I do not know which jail he is in and I have had no contact with him, only his brother and his mother. I am on some public assistance (food stamps and medicaid) so I guess my husband's concern is that they will come after him for child support. His name is not on the birth certificate--there is no one in the father's section. So I guess I just need to know, legally speaking, what needs to be done in this situation in order for my husband to not have to be legally responsible for this child? Does it matter that I acknowledge that he is not the father or does the state still consider him the father? Thanks in advance!

pinkpassion · #6 10-25-2006, 09:18 PM

We don't want to have to pay for a test if the bio father would just sign the papers--we know for sure it is his. If we can't get the biological father to sign papers acknowledging he IS the father then we will have to do a test and hopefully the court will take that into consideration.

pinkpassion · #7 10-25-2006, 09:20 PM

Thanks for all your input!

PernRider · #8 03-14-2007, 01:39 PM

I went through a similar situation two years ago. I have been separated from my husband for almost four years now, and, two years ago, had a daughter with my current fiance. I was told that, under New York law, there is an "assumption of paternity" if the mother is married, regardless of separation. When she was born, I was told that I could ONLY list my husband as her father on her birth certificate, or leave it blank, which is what I chose to do. I was separated from her biological father for a short period immediately following her birth, and had to go on public assistance. Her father wanted his rights to her, and so he filed for paternity. We all (my husband, my fiance, and myself) had to go to court, and my husband waived any and all parental rights to my daughter, after which he was free to go. My fiance then waived a DNA test, and swore to paternity; the birth certificate was then ammended to show him as her father. If he hadn't, though, because I collected public assistance, they would have gotten (and paid!) for a DNA test to prove his paternity.
Talk to your case worker at Social Services. They'll help you out, once your husband is proven to not be the father. But, until then, they WILL go after him for child support!