Probably so. As in most jurisdictions, courts in Queens presume paternity for a child born in wedlock, and when a married father takes proactive steps to affirm paternity, like signing the birth certificate and actively engaging in raising the child as his own, courts frown on attempts to later get out of the support obligation.
That said, cases come up frequently around the country challenging this view, so there’s a possible long term benefit to arguing for paternity testing and registering your objection to child support with the court.
Such a move is unlikely to win today, but case law changes over time.
In situations like this, it’s important to conduct a sober evaluation of the damage your plans may cause to the child.
The attorneys at Zelenitz, Shapiro & D’Agostino have handled hundreds of divorce cases in Queens and can walk you through your options regarding paternity motions. Call us today at 718-523-1111 for a free consultation.
