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Do you have questions about a paternity case in New York? In child custody and child support cases, the issue of paternity could come into question. If the parents were married at the time of the birth of a child, paternity of both parents is presumed under law. The difficulties arise when the couple was not married and one of the individuals is questioning whether the other is actually the child’s parent.
If the couple was not married, the father will have to sign an “Acknowledgment of Paternity” in order to be recognized as a parent under law. Why is signing an “Acknowledgment of Paternity” important? First of all, the State of New York will not recognize the father as a parent unless this legal document has been filed. This being said, the father will have no rights when it comes to having custody of the children or even visiting them.
On the other hand, the father will also have no obligation to pay child support if he has not been legally established as a parent. There are three people who can file for a paternity petition: the child’s mother, the child’s father, or the child’s guardian. The Department of Social Services could also file a paternity petition if the child is receiving assistance from the government. Even if the father has died, it could still be possible to legally establish paternity.
If you have more questions about establishing paternity, please do not hesitate to get in touch with a family law attorney from my team at the Law Offices of Jay D. Raxenberg. We have years of experience handling these types of cases and understand how to best protect the rights of parents and children. For a free case evaluation, call our office today!