Confused... is there anything I can do?

[Braydens_Mommy]

What is the name of your state (only U.S. law)? NY state

I have been married since October of 2004, however my husband and I have been separated since September of 2005, he had disappeared to FL and basically dropped off the face of the earth until just about 3 months ago when I was able to track him down through a family member, turns out he was back in NY state, none the less he met me at the court house and signed all the papers for an uncontested divorce, he also had to sign an affidavit of "no access" you see while on his hiatus in FL I had gotten pregnant and conceived a child by another man, there is no possible way that my husband is my sons biological father, but here is where things get tricky, my sons biological father has not signed the acknowledgment of paternity or submitted for a DNA test either. So, I turned the papers including the affidavit of no access into the courts roughly 3 weeks ago and I received a letter stating that a law guardian has been assigned to my son for the sole premise of deciding whether my husband has an financial duty to my son. I tried to contact the law guardian on 4 separate occasions leaving messages each time (my husband has informed me that he will be leaving for FL with in the next month again) and I wanted to see if there was any additional information that the law guardian needed from me. I have contacted the county attorney and the courts to no avail and I feel that I am at a stand still, the best reply I have gotten is that the law guardian will contact me if need be. Does anyone know the process that is happening now? The county attorney did say that having the affidavit of no access signed and notarized was a good start, but I have yet to hear anymore. Any ideas on what I should do???

[Silverplum]

http://forum.freeadvice.com/adoption-34/what-action-do-i-need-take-466350.html

Originally Posted by Braydens_Mommy

What is the name of your state (only U.S. law)? NY state

I have been married since October of 2004, however my husband and I have been separated since September of 2005, he had disappeared to FL and basically dropped off the face of the earth until just about 3 months ago when I was able to track him down through a family member, turns out he was back in NY state, none the less he met me at the court house and signed all the papers for an uncontested divorce, he also had to sign an affidavit of "no access" you see while on his hiatus in FL I had gotten pregnant and conceived a child by another man, there is no possible way that my husband is my sons biological father, but here is where things get tricky, my sons biological father has not signed the acknowledgment of paternity or submitted for a DNA test either. So, I turned the papers including the affidavit of no access into the courts roughly 3 weeks ago and I received a letter stating that a law guardian has been assigned to my son for the sole premise of deciding whether my husband has an financial duty to my son. I tried to contact the law guardian on 4 separate occasions leaving messages each time (my husband has informed me that he will be leaving for FL with in the next month again) and I wanted to see if there was any additional information that the law guardian needed from me. I have contacted the county attorney and the courts to no avail and I feel that I am at a stand still, the best reply I have gotten is that the law guardian will contact me if need be. Does anyone know the process that is happening now? The county attorney did say that having the affidavit of no access signed and notarized was a good start, but I have yet to hear anymore. Any ideas on what I should do???

[mistoffolees]

Your husband is the child's legal father. Period.

In order to change that, your husband will have to go to court and ask for paternity testing to prove that he's not the father.

Then you'll have to go to court to have the biological father tested and paternity established so you can get the court to order child support.

[Braydens_Mommy]

Even after signing the affidavit of no access? Will they have to wait until my sons biological father submits to the DNA test to grant the divorce? I believe given that he is "property" of NYS at this time (he is incarcerated in state prison until August) they can make him take the test right there. If my husband submits to the DNA test to prove that he did not father Brayden will they then grant the divorce? I am so confused by all of this, and then again I have no one to blame but myself. I just want to get the divorce done and over with (as I said we have been separated 4 years now) and make sure that all my "I's" are dotted and "T's" are crossed

[mistoffolees]

Originally Posted by Braydens_Mommy

Even after signing the affidavit of no access? Will they have to wait until my sons biological father submits to the DNA test to grant the divorce? I believe given that he is "property" of NYS at this time (he is incarcerated in state prison until August) they can make him take the test right there. If my husband submits to the DNA test to prove that he did not father Brayden will they then grant the divorce? I am so confused by all of this, and then again I have no one to blame but myself. I just want to get the divorce done and over with (as I said we have been separated 4 years now) and make sure that all my "I's" are dotted and "T's" are crossed

Whether your husband submits to the test or not will not impact your ability to get a divorce. You can get the divorce either way. It WILL impact child support and/or custody issues.

[Proserpina]

tmjacks, you might want to delete that post.

At the very least, please remove ALL personal and/or identifying information...you've no idea who might be browsing this site.