Family Law Attorney Brooklyn Non Parentage Judgment

After completing an uncontested divorce, the client requested updated family records while preparing for a new stage of life. 

During this process, the client learned for the first time that a child, unknown to him, had been legally registered as his offspring. 

The client had no knowledge of the child’s birth, had never cohabited with the former spouse during the relevant period, and had no involvement in conception or childbirth. 

Despite these facts, the registration carried immediate legal consequences unless corrected through court intervention.

The child was born within the legally defined post divorce timeframe, triggering an automatic presumption of parentage based solely on marital status. 

This presumption operates irrespective of actual biological connection and is routinely applied during civil registration. 

As a result, the client was listed as the legal parent by operation of law rather than factual proof. Overcoming this presumption required affirmative litigation rather than administrative correction.

Although the marriage formally existed during part of the relevant period, the attorney demonstrated that the marital relationship had effectively ceased years earlier. 

Evidence of long term separation, lack of cohabitation, and independent living arrangements was organized to show that the underlying factual basis for presumed parentage did not exist.

Pursuant to court authorization, genetic testing was conducted between the client and the child. The results conclusively excluded any biological relationship. 

These findings served as the central evidentiary pillar of the case and directly rebutted the statutory presumption. 

The family law attorney Brooklyn ensured that the testing procedure, chain of custody, and reporting complied fully with evidentiary standards to avoid procedural challenges.