I REALLY Don't Like This

[rmet4nzkx]

Well I guess that when you ask a question on here your going to get every answer but the one you want. I know this is yuck and all that other crap, I want the law not personal opinions. Thank you all anyway.

Just because you don't get the answer you want, doesn't mean the advice is wrong. BTW, I sent you the the NY site and cited the law. What more do you need?

 

[Happy Trails]

Time to get a DNA test done.

Are you still living with your father?

Is this the bio-father of your 1/2 brother as well?

Is the 1/2 brother living there as well?

Brother is 19(?) and your daughter is 16 and if they are under the same roof.... Yikes!!

 

[AHA]

Well I guess that when you ask a question on here your going to get every answer but the one you want. I know this is yuck and all that other crap, I want the law not personal opinions. Thank you all anyway.

Oh, save it! You got legal advice as well as opinions (which you should have expected by posting very dirty laundry on the internet for the entire world to read!!), so stop whining.

 

[You Are Guilty]

There is only one "correct" answer here. Pack your stuff up and move south of the Mason-Dixon line. You'll fit in just fine down there - no one will look twice.

 

[oiseeyuronhere]

rmet4nzkx, thank you for the info, I must have skipped over it when I was reading. A little more info--I never said anything about me or my brother living with our father the only thing I said was my 1/2 brother and I have the same father. We have different mothers, never grew up together and I am trying to be told that my daughter and 1/2 brother are only 1/4 blood related??? I am not a scientist and I don't like this situation and am ready to throw my hands up with the both of them. Brother is only 17 and other than this I have never had any issues with him. Im scared to death about this as I believe I can get into trouble for this but I don't know how to stop this. Anyone who has had a child knows that they (The Child)will find a way to do things no matter what the parents do. I am trying to keep her close to me. My brother does not live with us so that is not an issue, I can keep them away from each other at my home. I have talked to a lawyer and with out "picture proof" I cannot file charges if BOTH dont admitt to doing anything. I was also told by a lawyer that if there is no paper work "connecting" the family ties then "turn a blind eye" can you believe it--I COULDN"T. Well dirty laundry out there, I'm sure I'm not the only one in this situation and theres probably worse out there too. Thank you again.

 

[Happy Trails]

rmet4nzkx, thank you for the info, I must have skipped over it when I was reading. A little more info--I never said anything about me or my brother living with our father the only thing I said was my 1/2 brother and I have the same father. We have different mothers, never grew up together and I am trying to be told that my daughter and 1/2 brother are only 1/4 blood related??? I am not a scientist and I don't like this situation and am ready to throw my hands up with the both of them. Brother is only 17 and other than this I have never had any issues with him. Im scared to death about this as I believe I can get into trouble for this but I don't know how to stop this. Anyone who has had a child knows that they (The Child)will find a way to do things no matter what the parents do. I am trying to keep her close to me. My brother does not live with us so that is not an issue, I can keep them away from each other at my home. I have talked to a lawyer and with out "picture proof" I cannot file charges if BOTH dont admitt to doing anything. I was also told by a lawyer that if there is no paper work "connecting" the family ties then "turn a blind eye" can you believe it--I COULDN"T. Well dirty laundry out there, I'm sure I'm not the only one in this situation and theres probably worse out there too. Thank you again.

I was only asking if he lived with you and your father, I wasn't stating it.

Also age of consent is 17 in NY (I understand you don't have any evidence though).

Get a restaining order to keep him away from her. You are the parent and you can keep them apart until she turns 18.

I also would try to get DNA evidence that the two of you are brother and sister. (Do this with your father.)

Your 1/2 brother is her 1/2 uncle.

I suppose they are coming up with 1/4 because your daughter has 1/2 of her father's genes and she gets 1/2 from you. It still seems strange though, since your father is her grandfather.

I ran across an interesting link while researching this (I'll have to see if I can go back and find it).

 

[rmet4nzkx]

The man you believe to be your bio dad and the father of your 1/2 brother gave up his paternal rights and you were adopted by your stepfather and this is the "father " withwhom you riside. While you could have a DNA test between you your "biodad" and your "1/2"brother to confirm whether or not you are related, the statute is vague, since it specifically states 1/2 siblings but not 1/2 aunts&uncles one can assume 1/2 aunts&uncles are not ptohibited. The genetic commonality is essentially the same as for cousins, for which NY does allow mariage. Some states do not allow cousins to marry. Legally speaking, since there is no legal conection there is nothing prohibiting the relationship beyond their behavior otherwise. If you push it, they will push back and you can end up with exactly what you fear

 

[StickyFingers]

The man you believe to be your bio dad and the father of your 1/2 brother gave up his paternal rights and you were adopted by your stepfather and this is the "father " withwhom you riside. While you could have a DNA test between you your "biodad" and your "1/2"brother to confirm whether or not you are related, the statute is vague, since it specifically states 1/2 siblings but not 1/2 aunts&uncles one can assume 1/2 aunts&uncles are not ptohibited. The genetic commonality is essentially the same as for cousins, for which NY does allow mariage. Some states do not allow cousins to marry. Legally speaking, since there is no legal conection there is nothing prohibiting the relationship beyond their behavior otherwise. If you push it, they will push back and you can end up with exactly what you fear

Although it may be legally allowable....still... ewe!

I need to take a shower now....

 

[StickyFingers]

There is only one "correct" answer here. Pack your stuff up and move south of the Mason-Dixon line. You'll fit in just fine down there - no one will look twice.

LOL!....Damn...No offense....But damn! Thats just wrong!

Too funny!

 

[Happy Trails]

The man you believe to be your bio dad and the father of your 1/2 brother gave up his paternal rights and you were adopted by your stepfather and this is the "father " withwhom you riside. While you could have a DNA test between you your "biodad" and your "1/2"brother to confirm whether or not you are related, the statute is vague, since it specifically states 1/2 siblings but not 1/2 aunts&uncles one can assume 1/2 aunts&uncles are not ptohibited. The genetic commonality is essentially the same as for cousins, for which NY does allow mariage. Some states do not allow cousins to marry. Legally speaking, since there is no legal conection there is nothing prohibiting the relationship beyond their behavior otherwise. If you push it, they will push back and you can end up with exactly what you fear

The story I'm looking for had a 1/2 brother that married his 1/2 sister's daughter. (Half uncle and niece) It is similar to this except the mom and brother had the same mother not father.

They had 6 children and after the niece/wife died, the children wanted to have the marriage void under New York law (estate reasons). The marriage would have been void, however the couple went to Rhode Island to get married and then lived in New York until she died.

In re Estate of May, 305 N.Y. 486, 490-93 (1953) (recognizing Rhode marriage between an uncle and a niece that would have been void if performed in New York.)

It was extremely lengthy, but provided state cases and information on why they made the ruling that they did. The children appealed, but lost on the reason I stated earlier.


------------------------------------

Found it: http://www.uniset.ca/other/pubpol/114NE2d4.html

The reason the marriage was upheld:

(1) uncle and niece, of Jewish faith, were validly married by rabbi in Rhode Island under law of that State permitting marriages among Jews within degrees of consanguinity allowed by their religion; marriage was therefore valid in New York, and husband is entitled to letters of administration on her estate _ (2) no positive law of this State interdicts uncle-niece marriage, valid in foreign State _ (3) [***2] uncle-niece marriage approved by parties' religion and by law of Rhode Island not offensive to natural law _ (4) Court of Appeals will not interfere with Appellate Division's discretion in awarding costs against party personally (Surrogate_s Ct. Act, § 283, subd. 2).

This is the lengthy one I original found: http://www.law2.byu.edu/wardle/FundPrinsFamL/4ESSPHYS.htm

 

[rmet4nzkx]

Although it may be legally allowable....still... ewe!

I need to take a shower now....

I didn't write the law, I just cited it. Franklin and Elenore were cousins and allowed to marry.....

 

[StickyFingers]

I didn't write the law, I just cited it. Franklin and Elenore were cousins and allowed to marry.....

Yeah....Different times....but still (IMO) ewe!

 

[rmet4nzkx]

Yeah....Different times....but still (IMO) ewe!

Cousins are still allowed to marry in just over 1/2 of the states. Twenty-four states prohibit marriages between first cousins and another seven permit them only under special circumstances. Utah, for example, permits first cousins to marry only provided both spouses are over age 65, or at least 55 with evidence of sterility. North Carolina permits first cousins to marry unless they are "double first cousins" (cousins through more than one line). Maine permits first cousins to marry only upon presentation of a certificate of genetic counseling. The remaining nineteen states and the District of Columbia permit first-cousin marriages without restriction.
There are some states that allowed siblings to marry 100 years ago.

 

[StickyFingers]

Cousins are still allowed to marry in just over 1/2 of the states. Twenty-four states prohibit marriages between first cousins and another seven permit them only under special circumstances. Utah, for example, permits first cousins to marry only provided both spouses are over age 65, or at least 55 with evidence of sterility. North Carolina permits first cousins to marry unless they are "double first cousins" (cousins through more than one line). Maine permits first cousins to marry only upon presentation of a certificate of genetic counseling. The remaining nineteen states and the District of Columbia permit first-cousin marriages without restriction.
There are some states that allowed siblings to marry 100 years ago.

Still..Family is family.....The thought of seeking a lover/sex partner within family is still disgusting!

My official point of view is still...ewe!

 

[AHA]

Still..Family is family.....The thought of seeking a lover/sex partner within family is still disgusting!

My official point of view is still...ewe!

Maybe it's the only booty they can get. Some people are cursed with some pretty foul looks and personality.