Establishing Paternity
In New York, if a child is born outside of marriage, paternity must be legally established. This can happen through voluntary acknowledgment or through a Family Court paternity proceeding.
Voluntary Acknowledgment
Both parents sign a legal document acknowledging paternity. This is fast, inexpensive, and does not require a court hearing.
DNA Testing
If there is a dispute about paternity, DNA testing can establish whether the alleged father is the biological father.
Court Proceeding
If the alleged father contests paternity, the case goes to Family Court. A judge can order DNA testing and make a finding of paternity.
Our Role
We represent mothers seeking to establish paternity or fathers seeking to protect their parental rights. We handle paperwork, DNA testing, and court proceedings.
Rights and Responsibilities After Paternity Is Established
Once paternity is established, several rights and obligations follow:
- Child Support: The father becomes obligated to pay child support based on New York's statutory guidelines.
- Custody and Parenting Time: The father can petition for custody or parenting time (visitation). Courts balance the best interests of the child.
- Health Insurance: The court may order the father to provide health insurance for the child.
- Inheritance Rights: Once paternity is established, the child has inheritance rights if the father dies without a will.
- Social Security and Benefits: The child may be eligible for Social Security benefits or other benefits based on the father's record.
- Name: The child may take the father's last name if both parents agree.
Next Steps After a Paternity Order
Once paternity is established, you may need to address custody, parenting time, and child support. These issues can be handled together with paternity or in follow-up cases.
Custody and Parenting Time
Both parents have equal rights to seek custody or parenting time. Courts focus on the best interests of the child. Work with us to establish a realistic, stable schedule.
Child Support
Child support is calculated using New York's statutory formula. We help ensure accurate income calculations and fair support amounts.
Modifications
As circumstances change (job loss, custody changes, additional children), support and parenting time can be modified. We help you petition for changes when needed.