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  1. #1
    Join Date
    Sep 2007
    Posts
    1

    Default Paternity Petition

    New York

    Okay, after I broke up with my ex-girlfriend she told me she was pregnant. She tells me it's mine and quite frankly, I believe her. My son was born this morning and she tells me that I cannot see him and won't give me any information about him. I only know he was born because she told my sister.

    This woman is CRAZY. I won't go into details. They're too numerous, but believe me she is. I fear for the health and welfare of my son and want to gain custody. Since the child was born in her apartment (she doesn't believe in Western medicine) and I was not there, an aknowledgement of paternity was not signed.

    I understand that I need to now file a Paternity Petition with the Family Court in NYC to have the child legally be considered mine. I would like a paternity test done just because before going to all the time and expense of gaining custody, I don't want her back up plan to be to get a DNA test and tell me it's not mine and I have no legal right.

    She would definitely go through the whole Family Court thing and then spring that at the last minute because if she still wins custody, she stands to get a pretty good chunk of change every month for child support (on the order of $3,000/month by NY guidelines). So she'll definitely not contest the paternity unless I end up winning custody, then she'll just fall back on a DNA test if there is a chance that it's not mine.

    How do I file a Petition of Paternity as a father and also request blood/DNA tests at the same time? Are these different Petitions that I need to file or can I request both in the same petition?

    If I just file a regular Paternity Petition as the Petitioner, then I'm aknowledging paternity in the petition itself. I'd like to request a blood/DNA test and if it is my son, then request to be named the legal father.

    I'm not trying to get out of child support or wiggle out of anything. I'd just like to be sure before going down this long and painful road. As soon as I have proof that it is mine, and LEGAL rights as the father, I'm immediately filing for sole custody. I have clear and convincing evidence that she's not fit to raise a child.

    Will it look bad if I request a paternity test and then claim that I want custody or will it look like I'm trying to get out of the responsibility of fatherhood merely by requesting a paternity test? I'm not, I just don't want her to have anything to fall back on if I win custody such as her then requesting a paternity test after losing custody and showing that I'm not the father. I would have gone through all that time, emotion and expense for nothing.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    72,950

    Default Re: Paternity Petition

    Here's a very basic guide to paternity actions in New York. Forms are here. You should be able to request that the court order a DNA test, once you get before a judge or hearing officer. It is perfectly appropriate to want to confirm your paternity.

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