[Hazelnut9]

My question involves paternity law for the State of: New York

I've been separated for 3 years and filed for divorce last October, and there is a trial scheduled for next week. I'm pregnant, due in December, and the father is definitely my boyfriend of the last 2 years, who I plan to marry next spring.

My soon to be ex-husband, even though he knows perfectly well he couldn't possibly be the father (I have had no contact with him for the last 3 years outside of court), is not likely to sign anything saying he is not, since he prefers to cause as much trouble for me and my fiancé as he can. What do I need to do in order to legally establish that he isn't the father, and how soon can I/do I need to do it? Do I have to list my ex as the father on the birth certificate? Can he claim any sort of visitation rights or the like? Thanks in advance.

[gigirle]

What does your divorce attorney say about this?

[Hazelnut9]

She was assigned by the court for the custody part of the divorce, and hasn't given me any advice on this matter beyond "you'll need to say in court that he isn't the father".

[Litigator]

Don't know about NY specifically but a number of jurisdictions will not finalize a divorce while the wife is pregnant. There really needs to be a seperate action for paternity along with the divorce to straighten matters out.

[distressedmom]

I would think the bio dad could file an acknowlegement of paternity so his name could be added to the birth certificate. Check with your state dept of child support services or some other similar department.