Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘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?’
Question: 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.
