NY Paternity Lawyer
Paternity carries a legal definition as a state of being a child/children’s father. Paternity matters have a great influence on all types of issues of Family Law, along with Child Support orders, Custody orders as well as Visitation orders. New York Family Courts have authority along with the Supreme Court to rule over these critical areas. As any NY Paternity Lawyer can counsel you, paternity is typically resolved through a method of scientific testing which may include genetic markers ie DNA. After there is a finding of paternity the Court may award a child support order to the custodial parent. Every NY Family Lawyer and NY Divorce Lawyer from the offices of Stephen Bilkis & Associates, PLLC—which can be found in each borough of New York City as well as Nassau County Suffolk County and Westchester County—has dealt with many issues of paternity, and represented men aiming to preserve their relationship with a child by establishing paternity or defend them against erroneous allegations. Moreover, we represent woman looking to establish a paternity claim for child support as well.
The Family Courts throughout New York have the responsibility along with the Supreme Court to determine paternity. There is a Family Court in each one of the boroughs in NY—Bronx County, Kings County (Brooklyn) , Richmond County, New York County (Manhattan), and Queens County, as well as Long Island and Westchester County. An acknowledgement in writing recorded in the birth registrar’s office establishes paternity, as your NY Paternity Lawyer will instruct you. If the paternity is contested by either the supposed father or the mother, the conclusion of the issue will be reached by a Family court Judge. In NY, the mother or the acting/alleged father can either bring suit and file the action for paternity. Paternity inquiries demand Judicial intervention and the court will preside over the matter until conclusion. Upon the Court reaching a resolution, your NY Family Lawyer explain the ramifications of the courts decision and how it will impact you with regard to Custody, Support and Visitation.
Scientific testing is very significant in paternity suits as any NY Family Lawyer will let you know. Being familiar with DNA analysis, genetic marker evaluations, and other tests are important considerations when hiring a Family Lawyer— as these scientific conclusions may not be absolute, unless disqualifying someone as the father. After the test results are back, your NY Family Lawyer will explain that with a (99%) ninety nine percent or greater paternity finding, the Court will strongly consider them. However, these test results may be opposed by the mother’s or father’s legal representatives. Regardless, if it’s not in the child’s best interest to undergo a DNA test, the court will not order one. One situation which our Family Lawyers encounter is when a father and a child have a consistent, well received on going relationship and the child considers the parent his/her father. Ultimately, the father discovers the mother’s infidelity and a question of fraud is raised with regard to paternity. The Court then can decide, based on the current circumstances, not to open the issue of paternity.
It’s important that mothers and fathers understand, there cannot be presumption of paternity against a male as the child’s legal father in NY State if he isn’t married to the mother during birth or pregnancy. However, paternity can be accomplished by completing a form called an Acknowledgment of Paternity. This can be done following the delivery of the child and the document is simple to obtain. The applications can be received by the Family Court, child support office, hospital, or birth registrar office which will institute your Father’s Rights.
For matters involving all areas of Family Law that may include Divorce, Separation, guardianship, Custody and Visitation, or if trying to obtain the restitution for Child Support owed by the child’s father, you will need one of our Paternity Lawyers at Stephen Bilkis & Associates, PLLC, which have the knowledge to successfully resolve your case of Family Law. If you live in NY, we have free consultations available. Call 1.800.NY.NY.LAW (1.800.696.9529) today and schedule an appointment to begin. Our offices are placed conveniently throughout NY including Manhattan.