Q: I have a three year old son who could possibly be another man's baby. My
wife was having an affair before we separated two years ago. The other
man filed for paternity then dropped the suit before the court date.
A: David's Answer: If you were married, the the
"presumption of legitimacy" applies so you're not automatically entitled
to a DNA test. First, the court would be required to hold a hearing as
to whether the presumption applies. During that hearing, you would be
entitled to present evidence of the adultery. Schedule a consult with a
Family Law attorney in your area.
-- 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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