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Establishing Legal Parentage
In New York, when parents are not married at the time a child is born, the child does not automatically have a legal father. Establishing legal parentage gives the child and both parents important rights and responsibilities. There are two main ways to do this.
Voluntary Acknowledgment of Paternity
Both parents may sign an Acknowledgment of Parentage, often at the hospital after birth or later. Once signed and filed, it has the same effect as a court order. A parent generally has 60 days to cancel it; after that, it can usually be challenged only on limited grounds such as fraud, duress, or a material mistake of fact.
Court-Ordered Paternity
If parents disagree, either parent, the child, or in some cases the Department of Social Services may file a paternity petition in Family Court. The court may order genetic testing and, based on the evidence, issue an Order of Filiation declaring the child's legal parent.
When Testing Is Ordered
In a paternity case in Family Court, a judge will generally order genetic testing when a party requests it, unless the court finds testing is not in the child's best interests.
Genetic Testing and DNA
When parentage is disputed or uncertain, New York courts can rely on genetic testing to determine whether a person is a child's legal parent.
How the Process Works
Testing is usually a simple, painless cheek swab of the child, mother, and alleged father, collected at an approved facility and analyzed by an accredited laboratory.
What the Results Mean
A high probability result creates a strong presumption of paternity. The court may then issue an Order of Filiation, which can lead to custody, visitation, and child support determinations.
How Paternity Affects Parental Rights
Once paternity is legally established in New York, a father gains the same rights and responsibilities as any other legal parent. Here is how that finding can shape your family's arrangements.
Frequently Asked Questions:
Custody: Can I be awarded custody without establishing paternity?
A legal father may petition Family Court for legal or physical custody. Without an established paternity finding, an unmarried father generally cannot ask the court to decide custody. The court then decides based on the child's best interests.
Establishing paternity allows a parent to seek a court-ordered parenting time schedule, helping protect an ongoing, meaningful relationship with the child.
Visitation: Can I request visitation if I have not established paternity?
Child Support: Do I have to pay child support before paternity is established?
A paternity finding creates a legal duty to support the child. Either parent may seek a child support order, generally calculated under the New York Child Support Standards Act. Generally, child support arrears following a paternity order (or order of filiation) is calculated retroactively to when a petition was filed.
The Child's Rights: What are my child's rights?
Legal parentage can give a child access to inheritance rights, health insurance, Social Security or veterans' benefits, and important family medical history.
LEGAL INFORMATION DISCLAIMER
The information on this page is provided for general informational purposes only and is not legal advice. Paternity and family law matters depend on the specific facts of each case, and laws may change. Reading this page or contacting Pannell Law Group, P.C. does not create an attorney-client relationship. Please consult a qualified attorney about your particular situation.
Pannell Law Group, P.C.
Talk With Us About Your Paternity Matter
Whether you need to establish, confirm, or challenge parentage, Pannell Law Group, P.C. can explain your options and how paternity may affect custody, visitation, and child support in New York. Send us a message to request a consultation.