Paternity is about being a legal father. It means someone is officially recognized as a child's dad, with all the rights and responsibilities that come with it.
Legally recognizing paternity has several benefits:
- Gives the child legal rights and benefits from the father
- Lets the father ask for custody and visitation rights
- Lets the other parent ask for child support from the father
Establishing Paternity
There are two main ways to establish paternity in New York:
- Voluntary Acknowledgment: Both parents can sign an Acknowledgment of Paternity form. This is usually done at the hospital after birth.
- Court Order: If paternity is disputed or uncertain, a petition can be filed in Family Court. The court will hold a hearing to determine the child's biological father. If paternity is found, the court will issue an "Order of Filiation."
Who Can File?
You can file a paternity petition in Family Court if:
- You are the mother and not married to the other parent, or
- You believe you are the father and you are not married to the other parent
Paternity can be established any time before the child turns 21. In cases of uncertainty, the court may order DNA testing to find out biological paternity.
Once paternity is established, the father gets both rights and obligations regarding the child.
For more information, visit the New York Courts website.
Last Reviewed: September 30, 2024