New York Father's Rights Frequently Asked Questions

Establishing paternity means the determination of who is the legal father of a child. By law, parents have certain rights and obligations. Once paternity is established, you are the legally recognized as the father and you must support the child financially. Both mothers and fathers have the right to see their children and have a relationship with them. After paternity has been established, the father gains custody and visitation rights to the child. In addition, the legal father must be notified of a pending adoption of the child, the child will have the right to inherit from the father, receive Social Security benefits, and get health benefits on the father’s plan.

Once it has been determined that you are the father, you do have the right to have a relationship with your child. However, the court will order visitation or grant you custody, only if it is in the best interests of the child to do so. In addition to considering the fact that you are the biological father, the court will consider many other factors in deciding the amount of access you will have to your child.

While parents are obligated to financially support their children, visitation rights are not dependent upon paying child support. If there is a child support order in place and you fail to keep up with payments, you would be in violation of the court order and can face penalties. The penalties may include fines, loss of driving privileges, loss of professional licenses, and jail. If the custodial parent interferes with your visitation because you have not paid child support, they are subject to sanctions as well.