[indewoman]

My question involves name change laws in the State of: New York


This girl(from here known as girl) has a child (baby 2) with the man(from here known as man) who abused her and choked her while 2 months pregnant. She told him that it was his but he insisted that it was that she cheated on him but in real case he was the one who was cheating on her. At the time of the incedent the final physical abuse, he took their first child after she passed out from him chocking her, cops were called and their first child was brought back to her. There was restraining order against him but the girl continued to call him to speak to their first child and continued to insist that the one that she is at that time pregnant with is also his. He filed for restraining order against her, we don't know why cause she could not hurt him, he was the one who was hurting her. She emotionally suffered and refused to pursue the case.

The baby 2 was born in New York a few months later and the girl gave up on the man to be the father. She rekindled her romance with her ex boyfriend(from here known as husband) who they had a baby with a few years before and named him as the baby 2's father and he signed the birth certificate. Husband is in another country at the time of birth and they followed the instructions on how to have his name on the birth certificate. A few months after birth, the girl took the baby 2 to another country for the husband to take care of since she already has 2 here. The girl and the husband got married a few months after dropping the baby off. Baby 2 has been in another country for a year now with the husband. Now the man wants paternity test. How much can the husband get in trouble for signing the birth certificate? The man served him with I guess fraud. I know that the names can be easily changed but how much can the man cause trouble to the newlywed? Especially the husband? Can the man be sued for disturbance in this girl's new life? Is there any law that can protect the husband since the man did hurt the girl while pregnant with the possibility of killing the child inside her? Can the husband be protected for being a responsible person and ready to accept a child? If the girl asked the man to give up his rights, he would not have and just keep his rights just to make her suffer for the rest of her life. Will man be granted custody of Baby 2 easily?

One more note, the man has recently physically abused the first child (baby 1). Baby 1 was sent to the hospital because of the abuse and the marks were all documented. They are still battling for the custody but Baby 1 is mostly with the girl. He does not pay child support and the girl has no intention of any child support from anyone even from the husband. The girl is willing to let him have visitiation rights but that is all and with that a supervised visitation and at the same time would like to have a life with husband.

[Mr. Knowitall]

So, basically, mom and her current husband knowingly and intentionally committed fraud when they put false information about paternity on the child's birth certificate? And now the actual biological father is bringing a paternity action to establish his paternity, having named the husband in order to give him notice to appear and defend against the action (and possibly also to subject him to the court's custody jurisdiction)?

The "trouble" likely won't extend beyond correction of the paternity misrepresentation; but I'm not a psychic, so I can't say what is actually going to happen.

Can you sue somebody because you committed perjury on an affidavit, falsely stating that somebody else was the father, and interfered with his paternity rights? And now he wants to set things straight? Um.... no.

If there are reasons that the biological father should not have custody, or should have limited visitation, raise them with the court if he is established as the father and seeks either.

[indewoman]

Thank You Mr. Knowitall,

Lets just say that the girl would have been on the street right now or more abused if she did not have family to turn to and a husband that is so forgiving and accepting.

I am just surprise that the court is helping this man. The issue of him being abusive has been mentioned. He now has visitation rights of their first son. It is ashame that we had to wait for some apparent signs to be able to take some actions. The judge is not at all being sympathetic to the girl. The judge accused the girl of admitting that the man is the father when in fact she did not even say anything.