The definition of Paternity in determining legal issues is the status of being a child’s father. Paternity issues, under authority of the Family Courts in New York, can most definitively have broad ranging ramifications on the various Family Law matters, in particular, Custody, Visitation and/or Child Support settlements. Any Long Island Paternity Lawyer can counsel his or her client that to establish paternity can now typically be done through DNA testing, and the test will determine whether a child support order will be granted if the test proves paternity. Every Long Island Family Lawyer and Long Island Divorce Lawyer with the office of Stephen Bilkis & Associates, PLLC is quite familiar with paternity issues in both Nassau County and Suffolk County while representing both men and woman looking to establish the child’s biological origin.
Throughout the State of New York, paternity matters typically fall in the hands of the Family Court system—Long Island has a Family Court in Nassau County and Suffolk County. A Long Island Paternity Lawyer understands that the written acknowledgement that has been filed with the birth registrar can establish paternity. Either parent may deny status of paternity— the mother or the alleged father—at which time a petition to the Court will be necessary to decide the issue. On Long Island as well as in other Family Court’s in the State, the mother or alleged father can start the proceeding for paternity. At that point, the Court answers the Paternity question. Once paternity has been established, the court has the authority to grant visitation rights, child support, and legal fees (if applicable), and your Long Island Family Lawyer can explain this to you.
Long Island Family Attorneys recognize the weight that is place on scientific data by the Courts during paternity litigation. These scientific tests : genetic marker test, a DNA test, and more—while not infallible in their conclusions, unless they eliminate an alleged father—are some of the advances which can carry considerable influence in the New York Family Courts. Family Lawyers are fully cognizant that, when a test’s result concludes a 99 percent or even higher determination of paternity, this is very convincing to a Court and very well may establish a presumption of paternity. Each Parent does have a legal right to make a challenge to this finding. Long Island Paternity Lawyers often find themselves having to explain to their clients that if the Family Court believes the child’s best interest is not to order a DNA test, then it won’t be ordered. This might occur if the child has a relationship with a person whom they know as their father however, the father may not in fact be the biological father and was made to believe so through fraud or misrepresentation.
Fathers, a Long Island Paternity Lawyer will be needed to help you protect the Rights as the Father of your child. Please note, however, that the Court does not legally presume a person as the child’s legal father if you aren’t married to the mother during the child’s birth or pregnancy. However, becoming a child’s legal father is relatively simple—a voluntary legal form called an Acknowledgment of Paternity obtained and filled out with the consent of the mother following birth (note there is no time limit on when this can be done). There are various locations where this document is available: the child support office, the birth registrar's office, the hospital, or the Family Court. Once successfully completed there is a legal establishment as father. This obviously is the vital criteria to be a parent of your child and thus entitle you to be considered for Child Custody or Visitation.
Whether obtaining Rights as Father such as Visitation and/or Joint Custody or Full Custody, or as a mother to obtain Child Support. Our Attorneys at Stephen Bilkis & Associates, PLLC are accomplished in resolving Family Law cases. From Long Island to Westchester County to Manhattan, please visit one of our offices for a free case evaluation. Call 800.696.9529 to arrange a meeting and we’ll get started. We are conveniently situated throughout New York City as w ell as Long Island.