Q: I am currently married and have been since 2011 but I left my husband in
the beginning of 2012 due to domestic abuse and his drug use. I became
pregnant in September/October of last year and now have a 2 wk old
little girl. I have attempted to file for divorce from my husband who
is currently in NYS prison and has been since the end of last year. I
was told by Legal Aid that I have to obtain an Order of Filiation for
each child prior to filing for divorce as he is not the father of either
of my children but everything I read online only tells me how to obtain
them by establishing paternity for said children which is not possible.
My son, who is 2 and a half, was fathered by a man who committed
suicide prior to my son being born and I do not know who fathered my 2
wk old daughter.
A: David's Answer: You would need to file for
paternity for those children against whoever you suspect is the father.
As for the other father, obtain a copy of the death certificate and
name that person as the father of the other child in your divorce
papers. 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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