Long Island Paternity Attorney
Paternity is the determination of a child’s biological father. Under paternity law, fathers are provided with legally enforced rights and responsibilities. Often times, paternity issues arise during conflicts related to
child custody,
child support, and
divorce. Once a man is legally identified as a child’s father, he must take responsibility for the needs and well-being of his child.
Establishing Paternity
In New York, paternity can be established in one of three ways.
- If a man and woman are married, it is presumed that the husband is the father of any child conceived throughout the duration of the marriage. This position may be challenged in family court.
- A man and woman may sign an Acknowledgement of Paternity form, which identifies the man as the father of the child.
- Paternity can be established through the issuance of a court order. By issuing a court order, involved parties generally must submit to a DNA test to establish paternity of the child in question unless a finding of paternity is consented to by all parties. People generally seek out a court order when the identity of the father is uncertain.
Acknowledgement of Paternity
When two people are unwed, and they conceive a child together, they may sign an Acknowledgement of Paternity form. An Acknowledgement of Paternity form identifies the man as the biological father of the child. This form may be completed after the mother gives birth in the hospital. The form may also be completed at a later date at the Department of Social Services. Once the Acknowledgement of Paternity form is completed, the father’s name will be listed on the child’s birth certificate, and the father will have parental rights.
Fathers' Rights and Paternity
In some cases, a man may believe he is the father of a child, but the mother will deny this claim or prohibit the alleged father from seeing his child. In these cases, it is in the man’s best interest to hire a
family law attorney. A
family law attorney can inform the client of his rights, request a paternity court order, and represent the client during child custody and child support legal proceedings.
Discuss your legal options by contacting a Long Island paternity lawyer at our law offices today.