Q: I had a baby 7 weeks ago and my xboyfriend is taking me to court for paternity proceeding. He has not been involved with me since aug. baby born in dec. I'm not sure if he is the dad. I have no one on birth cert. I would Like to no what to expect now I go for DNA test right there? If he is the dad does he automatically get visitation or does he have to petition again? I left him cux he abused me I don't trust him with the baby for safety reasons. He also has done drugs. Also i am living with my parents who are supporting me and we are all moving in about a year. I can't afford it on my own will I have a prob moving away with them. We are moving 175 miles upstate in same state. Help!
A: David's Answer: On the first court date, either of you have the right to request a DNA test. The court will then adjourn the case & await the results of the test. If the test comes back positive, it will automatically trigger a child support hearing (assuming you want him to pay). As for visitation, he would indeed need to file his own petition. -- David Bliven, Westchester Child Custody/Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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