Are you a parent who needs to establish the paternity of your child in order to collect child support? Have you been alleged to be the father of a child for whom you want to determine paternity? We can guide you through the legal process of establishing or disproving the paternity of a child. If you need to establish the paternity of your child in Staten Island or Brooklyn, you can do so with our legal assistance. Contact a skilled family lawyer from Dow Divorce Law for representation in your paternity matter today.
How Do Paternity Cases Work in New York and New Jersey?
The paternity process legally establishes the biological father of a child when it is uncertain or has not been previously established. Paternity arises as a legal issue in cases of child support, but it can also be an issue when it comes to other family law areas, such as:
- Adoption
- Custody
- Visitation
- Inheritance
- Health care
In New York, clear and convincing proof of paternity is required. This proof can be accomplished through DNA testing. In many cases, paternity may also be established voluntarily through an Acknowledgment of Paternity signed by both parents.
DNA testing is usually required when one party contests the allegations of paternity. An alleged father may contest paternity when required to pay child support payments for a child he believes is not his. A mother may contest paternity when a father tries to gain custody or visitation rights to a child, whom he believes is his.
Paternity can also be established through circumstantial evidence, such as when a man accepts a child as his own and raises the child. If he does not contest the paternity of this child during a certain time period, then he may be considered the legal father and be responsible for the child’s financial support.
Why Establishing Paternity Is Important
Paternity matters have lifelong financial and emotional implications for all parties involved. It is important to have a full understanding of your legal rights before you admit or deny paternity of a child. We can help protect your legal rights and fully inform you of the legal consequences of your paternity issue.
Establishing paternity is important for several reasons. In many cases, legally establishing paternity gives both the child and the parents important legal protections and rights that they otherwise may not have. Some of the most important reasons to establish paternity are as follows:
- Child support: Establishing paternity may allow a parent to seek child support from the child’s legal father. These payments can help cover the child’s everyday needs, including food, housing, clothing, medical care, and educational expenses.
- Custody and visitation rights: A legally-established father may seek custody or visitation rights with his child. Without legally establishing paternity, a father may not automatically have the right to request parenting time or decision-making authority regarding the child.
- Access to benefits: A child may become eligible for certain benefits through a legal father, including health insurance coverage, Social Security benefits, veterans’ benefits, inheritance rights, and other financial benefits.
- Medical history and health information: Establishing paternity can help ensure that a child has access to accurate family medical history information, which may become important when diagnosing or treating certain medical conditions later in life.
- Emotional stability and family relationships: In many cases, establishing paternity helps provide children with a stronger sense of identity and connection to both sides of their family.
Can Paternity Be Challenged?
Yes. In some cases, paternity may be challenged by either parent or by an alleged father. This most commonly occurs when a person believes he was incorrectly identified as a child’s biological father or when new evidence becomes available after paternity was previously established.
In many contested paternity matters, the court may order DNA testing to determine whether a biological relationship exists. However, it is important to understand that waiting too long to challenge paternity can create serious legal complications. In certain situations, if a person has acted as the child’s father for a significant period of time, the court may determine that he remains legally responsible for the child, even if later DNA testing suggests otherwise.
Contact a Paternity Lawyer in Staten Island, New York Today
If you’re seeking paternity or are otherwise facing any other paternity-related issue, our firm is here to help. Please don’t hesitate to contact Dow Divorce Law for an initial consultation today so we can discuss your circumstances.
