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Paternity in Question in Divorce Case


This is a case being heard in the Supreme Court of the State of New York located in New York County. The plaintiff of the case is Andrew T. and the defendant in the matter is Yana T.

Case Background

A New York Family Lawyer said the couple of this case were married on the first of July in 2006. The marriage took place in New York City. Approximately fifteen months after the wedding, in September of 2007, the couple filed for divorce. The grounds stated for the divorce were abandonment of the plaintiff by the defendant for a year prior to the beginning of the divorce proceeding and cruel and inhuman treatment of the plaintiff by the defendant. The plaintiff relied on the abandonment cause of action as the main reason for seeking the divorce.

The plaintiff alleges through a verified complaint that beginning in August of 2006 and continuing for a time frame of more than a year the defendant refused to have sexual relations with the plaintiff despite repeated requests made by the plaintiff to resume these relations. The couple does not have any children from the marriage.

The defendant did not offer an answer to the complaint and did not seek to contest the divorce in any way. A New York Custody Lawyer said the defendant provided the plaintiff with an affidavit that stated she had received the summons and complaint. She also stated that she consented to the matter being placed directly on the uncontested divorce calendar. The affidavit was signed on the second of June, 2008.

The parties, who were both represented by counsel executed a separation and property settlement agreement. The agreement stated that the parties agreed that the wife consents to an uncontested divorce judgment being entered in the courts on the grounds of constructive abandonment. The plaintiff placed the case on the uncontested matrimonial calendar. This meant that neither party would have to appear in court for testimony. The marriage was dissolved on the 29th of July, 2008. During this entire process there was no mention of the couple having children or expecting any children.

On the 19th of March, 2008 the defendant gave birth to a boy. This event predated the divorce judgment that dissolved the marriage of the parties and was before the defendant signed her affidavit. A Nassau County Family Lawyer said the plaintiff states that he was not aware that the defendant was pregnant and only learned about the child after the couple was divorced. No father is listed on the birth certificate of the child.

Case Discussion and Decision

The issue here involves a child and the plaintiff states that he was unaware that his former wife was pregnant. He is requesting a genetic marker testing to determine whether or not the child is his. The defendant has cross moved to have this dismissed.

After reviewing the facts of the case the motion of the defendant to have a genetic marker testing completed to determine whether or not he is the father of the child is granted. A Nassau County Custody Lawyer said the cross motion to have the complaint dismissed is denied in its entirety.

Separations and divorces can become quite complex, even those that are uncontested. For this reason, it is necessary to have a competent lawyer on your side to help you through the matter. If you have any legal questions regarding this type of proceeding or any other legal matter, contact Stephen Bilkis & Associates. Our offices are located throughout New York City for your convenience. During your free consultation we will discuss your case with you and help you determine your best course of action for your personal situation.

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