Here is the short story:
I was married in 1995. My wife had my son....all was well. A year or so later,she was pregnant again. I knew at the time, there was no way I could be the father, as we had not be getting along. The time just didn't match. We seperated about 6 weeks before the child was born.
I was present for the birth, though never signed the birth certificate. Unfortunately, I was not in any position financially to divorce her...so I paid child support. On a weekend visit, I had taken the child to get a DNA test. Two weeks later the results were mailed to me, stating what I already knew. 0% paternity,100% excluded. That was 2002.... :?
Since that time ,I had numerous hearings in Family Court regarding support. The judges would never enter the DNA test as a reality. The Lord Mansfield Rule has me stuck..... ya know, the law that was in place back when wives and children were considered property :roll:
I suffered a serious back injury in 2002.... so again, I still have yet to be able to afford a divorce. Legal Aid ,was little help as they said my case was too difficult. :?
I called recently the county court house, ordered a paternity petition.I was hoping ,at the very least, this would be a way to get New York State to recognize that I am not the biological father. Is this a good idea?
In a month or so ,I'll will be finally in a position to start divorce proceedings. But I want to get this rolling. Is there any reason a Family Court judge, could/would dismiss a paternity petition because the parents are still married?
I'm still going to send the petition in regardless of the answer.I need to do something....I'm only trying to relieve myself of supporting a child that isn't mine.....