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  1. #1
    Join Date
    Oct 2010
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    4

    Unhappy New York City State Law for Paternity Law

    i have a five year old with my ex live in boyfriend. we had an disagreement five days ago and he came out saying our daughter wasnt his. i went and filed for order of pertection and child support but being that we werent married they said i needed to file for paternity which i dont mind. but however i would like to keep my child out of this whole mess we created and she five years old knows who her fathers side of the family is and her sisters and brothers and he never denied her until our fight a few days ago. i heard there is a status in nyc which can exempt a paternity test due to the age of the child and the relationship with the father .........i must make this clear idont care about the money i only care about my childs happiness as she is missing her father more and more each day hes gone

  2. #2
    Join Date
    Jul 2006
    Location
    TN
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    699

    Default Re: New York City State Law for Paternity Law

    If the father is listed on the birth certificate and/or signed AOP, the yes there could be an exemption from taking the test. If not, the test will need to be taken.

    She honestly doesn't have to know what's going on. Tell her she has a doctor's appointment and that's it if you must tell her anything. You're making more out of it than it has to be. She is only 5.

  3. #3
    Join Date
    Oct 2010
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    4

    Default Re: New York City State Law for Paternity Law

    he signed but never filed it and riped it up a few days ago. i know for a fact theres a law in nyc that protects children that knows or recognizes a man as there biological parent where the judge can skip the paternity party would like statue code of that if anyone has

  4. #4

    Default Re: New York City State Law for Paternity Law

    If he signed and filed the AOP. If he didn't, then a test is needed.

  5. #5
    Join Date
    Jul 2006
    Location
    TN
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    699

    Default Re: New York City State Law for Paternity Law

    If there is no AOP filed with the court, legally the child does not have a father. If you know for a fact that there is such a law as you have mentioned in NYC,please post it.

  6. #6
    Join Date
    Oct 2010
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    4

    Default Re: New York City State Law for Paternity Law

    about four years ago i went through this same situation because my child had stage three cancer and the father would not donate blood due to they had the same type at the time she was 11 my other was 5 the father wanted a test but i didnt. the judge in this case appointed an attorney for the child to decide if a dna was needed. in this case the attorney agreed with me and the judge not have an dna as for my 11yr old because she had an relationship with her day from day one as for the 5 yr old but had established arelationship with my x as her father ......the judge gave options either the father in my case agree not to have an dna test done or we could have a hearing to over look it i gave in to the stress and gave him a test which i as knew he was the father of both children.......but in the end of all of this my children hates their father and wants nothing to do with him ........so im asking these questions for my now five year old who has a stronger bond with her father than my other two had with theirs in the past

    in the state of nyc if a child is of age and can talk and knows or knowledge an man as their biological father and has had relations in some way with a child the mother or father can refuse a dna test follwed with a hearing and witinesses who can back the mother up saying this man has never denied being the childs father and has been in the childs life for some time. then the judge will rule wether not a dna is to be done

    its there check nyc family courts

  7. #7
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: New York City State Law for Paternity Law

    If you are already sure of what you have posted here, then what is your question here?

    BTW, if you want to convince me then you show me the case law and statues.

  8. #8
    Join Date
    Oct 2010
    Posts
    4

    Default Re: New York City State Law for Paternity Law

    thats what im looking for the full statues of this law that was bought before me

  9. #9

    Default Re: New York City State Law for Paternity Law

    Once again....the answer is: that if a man has been functioning as the child's father AND has signed an AOP, then the court can hold him to BE the legal father without testing. You're simply not going to get a court to assign paternity without either (a) an AOP being signed, or (b) DNA. That's why you're not finding the statutes...because it doesn't exist. What DOES exist is case law, and you're correct that case law allows the judge to keep continuity in the child's life by keeping an existing parental figure in the child's life, even if that father turns out NOT to be the biological father and even without a DNA test. The part you're MISSING however, is that in such circumstances, this only applies if the father has been legally established as the father, for example, by signing the AOP - which didn't happen in your case. The bottom line is that without that AOP being signed, the only other avenue will be DNA testing.

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