Monday, August 4, 2014

How can I obtain an "Order of Filiation" for a child without knowing the father?

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 (

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