[Michelle4luv]

My question involves paternity law for the State of: New York
My husband and I are the legal guardians for our niece. Her mother passed away. The father was unknown when she passed away but since came into the picture. He is petitioning for paternity. His name is on the birth certificate. However, before the mother passed she told us that he was not the father and that she only put his name on so that the child could have a father. Will the judge allow us to request DNA testing even though his name is on the birth Certificate? He has no relationship with the child who is now 16 and has mental retardation.

Thanks,
Michelle

[LawResearcherMissy]

We cannot predict what the judge will or will not allow.

You say the child's mother "put him on the birth certificate". Did he sign a voluntary acknowledgment of paternity? If he did not, the judge may order DNA testing without you needing to ask.

You should be consulting a family law attorney in your area.