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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 04-14-2009, 09:16 PM
billyinNY billyinNY is offline
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Default Not Sure of the Father / She Just Got Married
My question involves paternity law for the State of: NY & SC

My X girl lives in SC & is due with a baby boy on july 15. I was sleeping with her thru Oct 9th. I live in NY. She just had a shotgun wedding with another guy last week. She thinks he is the father. Im not so sure who the father is and want to know if thats my boy. She is not receptive to a DNA test.

The other guy is the legal father at time of birth?? What if I file before the due date?? Where do I file SC or NY ? Do I need to prove I was sleeping with her in so the baby has a DNA test?? If I am the father can the birth cert have my last name??? Can I just file this stuff on my own ?? Do I need to get a lawyer in NY or SC?? Are their time constrictions on when I have to file?

Thanks for your help!!
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Old 04-16-2009, 07:12 PM
Mr. Knowitall Mr. Knowitall is online now
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Default Re: Not Sure of the Father / She Just Got Married
She lives in South Carolina, and presumably that's where the baby was conceived and will be born, so that's where you would file a paternity case. If you can figure out how to file it on your own (and it's not difficult) you don't need a lawyer - but you do need to be prepared to travel there for hearings. You may file a paternity case in South Carolina before the child is born, although no action will be taken on the case until after the child's birth. (Statutes are here.)

Check with the court for the county where the mother lives, as they may have a package of forms and instructions for paternity cases.
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