Paternity occurs when a person is someone’s father. Legal paternity is an important state to determine, as it can play a role in child support claims, medical insurance, life insurance, Social Security benefits, inheritance rights, veteran’s benefits, and custody cases. In the state of New York, paternity is determined based on a number of factors.
Determining Paternity in New York
There are several ways to determine paternity in the state of New York. A few of the most common occur in these circumstances:
- Unmarried mother: If a woman is unmarried, the child’s biological father can be given paternity via an Acknowledgement of Paternity, which makes him the legal father of the child. An Acknowledgement of Paternity form is signed by both the child’s mother and father. While the child’s parents have until the child’s 21st birthday to sign an Acknowledgement of Paternity, this form is often signed at the hospital when the child is born. A court can vacate the form within sixty days of signing, should it have been issued erroneously. In order to vacate this form, you must provide proof of fraud, mistake, or signing under duress.
- Married mother: If a woman is married to a man when she gives birth, the husband is automatically considered to be the child’s legal father. A court order can give paternity to the biological father, if he is someone other than the husband, and if the mother wishes to do so.
- Court order: A family court can give an appointed person paternity via an “Order of Filiation.” To settle a paternity case in family court, the mother and father will need to fill out this form. The court may decide to grant paternity to the requesting party, deny the request in favor of the existing parental circumstances, or issue a DNA test in order to most objectively determine paternity.
In any case, after a court order is issued, parents can file for child support, custody, or visitation. Each of these separate appeals is dependent upon the establishment of paternity before they can be granted.
How a New York Family Lawyer Can Help
If you’re working to determine paternity, you know what a difficult process it can be. From filling out the proper forms to managing discussions with family members and following proper court procedure, determining paternity can be stressful, to say the least.
With The Mandel Law Firm, you can rest assured that your paternity case will be handled with excellence and attention to detail. Having managed many paternity cases since our firm’s foundation, we are well-equipped to provide you with support and excellent legal care. At The Mandel Law Firm, you gain access to a wide-reaching network of legal connections, many time-tested courtroom strategies, and years of successful experience.
Our firm is prepared to offer you support as we secure the proper forms for you to fill out and determine the best course of action for your circumstances in your paternity case.
Give The Mandel Law Firm a Call Today
Are you or someone you love working to determine paternity? The family attorneys at The Mandel Law Firm can help. We’ve been helping clients like you for years, working diligently to bring the favorable outcomes our clients desire.
If you’re ready to take the next step in your paternity case, give The Mandel Law Firm a call today at (646) 770-3868. We’ll put you in contact with one of our family lawyers so that we can gain a better understanding of your case and give you peace of mind as you build your paternity case. Our attorneys will walk alongside you, providing you with high-quality legal care each step of the way.