How canI get the court to order a paternity test on my father if my mother was married to another man at the timethat Iwas born?
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How canI get the court to order a paternity test on my father if my mother was married to another man at the timethat Iwas born?
I am 20 years old and have filed for child support from my father. My mother past away recently. and was married to another man when I was born. The man that she was married to is also deceased. They got divorced 7 years after I was born.
Asked on November 8, 2010 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You say that you have filed for child support from the man that you believ is your Father. Have you done so in a New york Family Court? The the Judge can order a paternity test under New York's Family Court Act. Honestly, since yo have waited until you are 20 years old to file for child support (which under the law may be a problem here since your Father would only be required to pay until you were 18 in New York, unless there are other circumstances that would extend the tiem period), your Father may request that the test be done himself to prove that you are his child. I would seek some legal guidance on this matter just so that you are aware of the pitfalls that may occur. Good luck.
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