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Q: I found out 2 months ago I have a 8 year old son the mother and I did a dna test but the child is established by someone else ?

Q: She left when she was pregnant I didn’t know I was a father till about two months ago she and I did a dna test the thing is the court had established her ex as the father without testing him mother has told the child the truth but the other guy won’t let me see or talk to the kid and I want to know if I can fight to be in his life the other guy doesn’t support him has him living in not a very good environment and uses drugs, I’m Concerned please help?

A: You’d need to file a paternity petition with the Family Court. You may have a tough case, however, as based on the child’s age the legal doctrine “equitable estoppel” may preclude you from actually establishing paternity. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

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