Both mothers and potential fathers in New York may desire to have a paternity test done for a particular child – and either party may be the one to suggest the idea. Here are some of the most common reasons that New Yorkers seek to have a child’s paternity tested:
- To establish legal paternity and protect the rights that come with it.
Unsurprisingly, the number-one reason parents seek paternity testing is to determine who the father of the child is. When a paternity test “matches” a father and child, it also establishes certain rights for both parties – like the child’s right to receive support from the father, and the father’s right to be involved in the child’s life via custody or visitation. Without a valid paternity test, both parent and child might be deprived of these valuable rights. Read the rest »
In New York, children who are born to a married woman and man are automatically assumed to be the biological children of both married partners. When the child’s mother is not married, however, no assumptions are made about the identity of the father – and in some cases, determining who the child’s father is may be difficult without a paternity test.
Establishing or acknowledging paternity can be a tough topic to bring up and a hard one to face. However, it is important to establish paternity when possible. An experienced Long Island paternity rights lawyer can help.
Paternity testing protects the rights and needs of the child in many ways, including:
- Helping the child understand his or her identity. It’s natural for any child to want to know where they came from and who their parents are. Children who have this information can develop a more integrated identity, allowing them to focus their energies on growing and learning. Read the rest »
When the mother of a baby born in New York is not married to the baby’s father, legal paternity must be established through documentation. There are two ways to do this: the father may sign an Acknowledgement of Paternity shortly after the baby’s birth, or an order of filiation may be filed in a New York family court.
When a petition is filed, the court typically holds a hearing in order to consider any evidence the parties want to bring forward and to establish paternity. At the hearing, the parties may represent themselves, or they may secure the help of an experienced Long Island paternity lawyer. Read the rest »
When a child is born to a married husband and wife in New York, the law assumes that the mother’s husband is also the child’s father. If the parents are not married, however, the father must sign an “Acknowledgement of Paternity” in order to be treated as the child’s legal parent, or the father must seek a court order known as an “order of filiation,” which declares that the father is the child’s legal parent.
Most Acknowledgements of Paternity are filled out and signed at the hospital when the baby is born. An order of filiation can be obtained only by filing with a family court. An experienced Long Island paternity rights attorney can help you through this process. Without either an Acknowledgement of Paternity or an order of filiation, the biological father of a child has no legal right to participate in raising the child, such as by having custody, visitation, or the right to participate in key decisions about the child’s life. Read the rest »