Q: my kid is 6 yrs and i've been in a up and down war with the mother i resently have had reasons to believe that im not my sons birth father how do i proceed im at a bad time in life and need help i have no idea what to do about the whole thing but its got very angery and scare .
please help
A: David's Answer: You may file a petition for a DNA test, but the problem is that you may have waited too long. There is a legal doctrine called "equitable estoppel" which in a nutshell means that if you sit on your rights for too long, at some point you lose them. That said, the worst that the Magistrate says is "no, you don't get a DNA test," so go ahead & file the petition. I wouldn't do so without the aid of an attorney, however. Schedule a consultation with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (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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