Q: my son father knew was having him and he never came to see him. my husband claimed him AS HIS OWN AND BEEN SUPPORTING HIM FOR 5 YEARS. MY SON IS 5 NOW.
A: David's Answer: This would be a paternity case and your defense would be one of both the "presumption of legitimacy" as well as equitable estoppel, in that you would be attempting to have your husband declared the legal father of the child (regardless of biology). He cannot get visitation through the courts without establishing paternity first. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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