New York Paternity Lawyer

Ways to Establish Paternity

When a baby is born in paternity can be established in one of three ways:

• If the parents are married. The husband is presumed to be the father of the child.
• A man who is not married to the mother has two ways to establish paternity. The first is to sign an “Acknowledgement of Paternity.” This is a legal document allows the man to declare himself the baby’s father. This is done at the hospital shortly after the baby is born. However, this is only one step. The acknowledgement is sent to the courts. The New York family court creates an “order of filiation.” This order establishes the paternity.
• The third way paternity is established is via a paternity petition. A paternity petition is an option if the alleged father does not sign an “Acknowledgement of Paternity.” The petition starts the process of establishing paternity via a court hearing.

All paternity laws are outlined in New York’s Family Court Act 515-a.

Who Can File a Paternity Petition in New York?

Only certain people or agencies can file a paternity petition to establish who fathered a child. This list includes:

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Legal Scenario: What Would You Do?

Scenario

Marcus recently learned that his ex-girlfriend gave birth to a son eight months ago and never told him. He believes the child is his and wants to be part of his son's life, but the mother refuses to let him see the child or add his name to the birth certificate.

How can I legally establish that I am the father and gain rights to see my child if the mother won't cooperate?

Attorney's Answer

In New York, you can file a paternity petition in Family Court under Family Court Act Article 5 to establish legal fatherhood through DNA testing, which the court can order even without the mother's consent. Once paternity is confirmed, you gain the right to seek custody or visitation under Domestic Relations Law § 70, and the court will determine arrangements based on the best interests of the child. You should also be aware that establishing paternity creates mutual obligations — you will have the right to be involved in your child's life, but you will also be responsible for child support under the Child Support Standards Act. I strongly recommend acting quickly, because an established father-child relationship early on strengthens your position in any future custody proceedings.

This is general information only. Contact us for advice specific to your situation.

• Alleged father
• Mother
• Child
• An individual in a parental relationship with the child
• The child’s next of kin
• Child’s guardian
• Representative from the New York welfare agency
• Representative from a charitable organization

Does Establishing Paternity Involve a DNA Test?