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What are the legal steps to establish paternity in New York?

On Behalf of | Jan 9, 2025 | Child Custody

Establishing paternity is an important step in securing legal rights for fathers and providing children with access to benefits like financial support and medical history. In New York, there are specific legal processes to confirm paternity, ensuring the best interests of the child.

Voluntary acknowledgment of paternity

If both parents agree on the identity of the father, they can sign a Voluntary Acknowledgment of Paternity form. This document is often completed at the hospital after the child’s birth but can also be signed later. Once filed with the New York Department of Health, it establishes the father’s legal rights and responsibilities.

This method is straightforward and avoids court involvement. However, it is only valid if both parents consent to signing the form without any pressure or fraud.

Establishing paternity through the court

When paternity is disputed or uncertain, either parent or the child’s guardian can file a petition in Family Court to establish paternity. The court may order genetic testing to determine biological parentage. These tests are highly accurate and play a key role in the court’s decision.

If the test confirms paternity, the court issues an order of filiation, which legally recognizes the father. This order enables the father to seek custody or visitation rights and obligates him to provide child support if necessary.

Benefits of establishing paternity

Legal paternity benefits both the child and the father. Children gain access to financial support, inheritance rights, and essential medical information. Fathers can establish their parental rights, allowing them to build relationships with their children and participate in important decisions.

Supporting your child’s future

Establishing paternity is a significant step in ensuring a child’s well-being and stability. By following New York’s legal processes, parents can provide their children with the support and security they deserve.