How is Paternity Proven if a Couple Has a Child, Marries and then Divorce Stating No Child Was Born During the Marriage?

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‘Is it possible to claim a child to a father when the child was born before the marriage and in the divorce decree of this marriage it specifically stated no children were a result of this marriage. This is for the state of NY. You cannot change the paperwork of a marriage nor a divorce decree, correct?’

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As best as we understand this question, a child was born to a couple, who later married, and in the divorce it says that no child was born during the marriage. If that is the situation, then it is technically true that no child was born *during* the marriage, but it is not true that no child was born to the father. There is no requirement of marriage for a court to determine paternity (that the father has a child, and who the child’s father is). So if your question is actually “can you keep the paternity of the child from being proven legally” the answer is no.



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Author: House Attorney

A house attorney has answered this question.