QUESTION

Is it too late to disprove paternity?

Asked on Mar 07th, 2018 on Paternity - New York
More details to this question:
I am trying to establish paternity. After years of believing that my son was biological child I found out there is a possibility he may not be mine.. I took my sons mother for full custody before but this was before I learned that he may not be mine. 10 years later I would like to establish paternity. If in fact he is my son I would like to move forward with getting full custody as his mom has made it extremely difficult to co-parent. If he isn't my biological child I would still like to be there for him emotionally and physically but I would like to come off of child support and be freed financial obligations. While I would like to do for him I would want it to be on my terms and not forced through the courts.
Report Abuse

1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
So, you want to have your cake and eat it too- after you smash it on the ground and stomp on it. It won't work. If you go through the trouble of disproving paternity, yes, you will be able to get off child support, but you will not be able to get full custody of your son unless there is a VERY good reason (e.g. the mother is extremely abusive and there is no other blood relative available to take your son) and the question of visitation will also be uncertain, as well. And what do you think it will do to your relationship with your son when he finds out that you went through a lot of trouble to find out that you're not related by blood...so you can be free of the obligation to support him?  You need to make a decision- do you want to be a dad, or not?  If the answer is you want to be a dad, walk away from the temptation to find out what might be an ugly truth. When your son is older, give him the option of a DNA test. But not now- not if you want to be his father. A paternity test result that proves you're not related to your son by blood could be the beginning of the end of your relationship with him- especially since his mom already makes it hard to co-parent.  
Answered on Mar 12th, 2018 at 5:28 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters