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How to Respond When Your Wife Challenges Paternity
During divorce, some manipulative women claim their husband is not the biological father of their children. The point of this is to discourage the father from going after custody or visitation, as some mothers do not want to share their kids after divorce. If you are a father who has been faced with this issue, you should get to know the specific steps to take to get the best chance of seeing your children again.
Hire a Lawyer
You should first find a lawyer who has experience representing men whose wives bring paternity into question. If you have other friends who have dealt with this issue, ask them which lawyer they used, as long as they got a good result with their case. Once you have a short list of lawyers to choose from, meet with each one until you find an attorney you feel you can trust. Be sure to find out how many cases like yours the lawyer has successfully settled. Then get an idea of what the lawyer thinks about your case, since you need to retain an attorney who is confident that you have a good chance of getting the results you seek.
Take a Test
Once you hire a lawyer, you will likely need to order a paternity test from the court. Of course, if you do not care if the children are biologically yours, and you wish to get visitation or custody anyway, you do not need a paternity test. As long as you can provide a safe home for the kids, the court will recognize you as a father with a right to see his children. If your wife still refuses to let you see them, you may need to go to court with your custody battle, which your lawyer can help you with.
But if you want to find out for sure whether you are the father, you should start by ordering a test from the court. It may take weeks to get the results. If your wife does not allow you to see the children during this time, you will likely have to simply await the court order, which can be obtained once you get the paternity results back. Once it is clear you are the father, it will be obvious your spouse was lying, and you can start the custody case if you wish.
If you are having trouble seeing your children on a regular basis, and their mother suddenly claims you are not the father, you have legal rights. You can either take a paternity test to prove her wrong, or you can forgo the test and just skip to starting a custody case, especially if you do not care if the children are biologically yours. You just need to contact a lawyer with experience in this area if you want the best chance of getting custody or at least regular visitation rights.
New York does not automatically give custody of children to any one parent. In deciding custody, the court only considers what is in the best interest of the child. It considers who gave primary care during the marriage, scheduled doctors' appointments, and attended school meetings. Generally, the court allows the non-custodial parent ample visitation with the child and even awards joint custody. Visitation is often only limited in circumstances where there is abuse.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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