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My question involves paternity law for the State of: New York
I reside in NY and I am still legally married, but have not lived with my husband for the past 3 years. I am pregnant with someone else's child. I would like to leave the birth certificate blank as I don't have any contact with the biological father. Is it possible to do it? Please advise. Thank you.
You can leave it blank, but your husband will STILL be the LEGAL father of the child until paternity is contested.
ok so ive been married for 15 months for 12 months out of that 15 me and my husband we on non speaking terms and didnt have anything to do with each other ,other then being legally married.he is in the air force and currently stationed in england.while on the outs i got pregnant (im 30 weeks) by another man,that does know this is his child.
me and my husband recently worked things out and he wants to father my child.
on the other note the bio-father isnt around and we dont talk.
what can happen?
how do i get around it with my husband being her dad?
ADVISE PLEASE!!!thanks.
(i live in ohio got married in cali.)
There are a few choices:
(a) you leave the birth certificate blank, and your husband will be the legal father (yes, even if he was on Mars - being separated means nothing - no divorce means you are his legal wife and your child is his legal child), or
(b) the biological father steps forward and puts himself on the birth certificate, or
(c) you bring a paternity suit in family court, and ask the court to order DNA testing to put the biological father on the birth certificate, or
(d) you and hubby get a divorce and paternity is contested as part of the divorce, removing your husband as the child's automatic legal father
And really - the fact that your husband was stationed in another COUNTRY at the time of conception is going to make it a lot easier for the biological father to establish paternity if he chooses to do so.
It's pretty irrefutable proof that your husband wasn't present at the time....