A man moved to contest the paternity of his child because he claimed there was a â€œmistake of fact or fraud.â€ In cases where a man needs to prove that he is the true father of the child, a DNA paternity test may come into play. The man in this case thought that he was the father of the child based on the motherâ€™s word, reporting her sexual relationships, according to a September 12, 2012 New York Law Journal article. However, a DNA paternity test showed that the child at hand was not his child. This was not an official, court-ordered test.
The court said that it in an instance like this, strong and clear evidence is necessary to prove that man is not the father of a child that was believed to be his own. The court said the father had provided sufficient evidence for his case. Still, it ordered an official DNA paternity test. The court gave two potential outcomes in the decision, each depending on either a positive and a negative result in the DNA test. If this man is not the father, the court said the child would still have a father figureâ€”the motherâ€™s current husband. If the man is the father, according to the official test, then he would be allowed to file for child visitation.
At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has over 29 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website, www.MyNewYorkCityLawyer.com.