Q: My ex wife got pregnant with another man’s baby. At the time we were married and i signed the birth certificate. The child was born in 2003 i only seen him 5 times in 2003 then we had a fallout and i moved to P.R. I just came back to N.Y. and found out that the child isnt mine. I also found out that the boy knows his bio father and spends time with him. I have pictures of both of them together. I just recently started paying back child support. I didnt even know i had till i tried ti ensure my car here in ny and my lic was which i never had a ny lic till now was suspended. My question is i know that because that we were married the courts pressumes that im the father. Even if i wanted to establish some form of kinship i cant cause he knows who his father is. So asking for visitation is moot. So what are the chances that the court will give me a dna test. I want my name out of the birth certificate. I dnt want the courts to say im the father then i would ask for visitstion and joint custody. I knw the courts are looking for the best interest of the child ,would not want to confuse a 13 yr old boy.i already submitted a paternity petition. Can i get my nme off the birth certificate?
A: David’s Answer: Doing so at this point would indeed be very difficult. If the mother is consenting to the DNA test, that would certainly make things easier. You’d also need to serve the “real” Father with a copy of the petition. Schedule a consult with a Westchester Family Law attorney for a full assessment.