NY Fathers’ Rights Attorney
Before parenting time, visitation or child support orders can be put into place, paternity (also known as parentage) must be established according to NY law. At Vangorodska Law firm in NY, we represent mothers and fathers in paternity cases, helping them establish and protect their rights with an eye on achieving an outcome that is in the best interests of their children.
To discuss your paternity claim with our experienced NY paternity attorneys, please call 212.671.0936.
Presuming Paternity
Under the NY Family Code, a man can become a father if his paternity is presumed. Paternity is presumed in the following scenarios:
- The child was born during the marriage to the child’s mother or within 300 days of ending the marriage.
- The man married the child’s mother within 300 days of its birth.
- The man married the child’s mother after the birth of the child, he voluntarily asserted his paternity of the child and (1) the assertion is in a record filed with the Texas Bureau of Vital Statistics; (2) he was voluntarily named as the child’s father on the birth certificate; or (3) he promised in a record to support the child as his own.
Acknowledgement of Paternity
Additionally, a man becomes a father when he signs an acknowledgement of paternity that meets the requirements of the NY Family Code. If a man signs such an acknowledgement, paternity is established and the child is legitimized.
There Is a Narrow Window of Time for Claiming Father’s Rights
A notice of intent to claim paternity must be filed within 31 days after a child is born. Otherwise, the only method available to voluntarily establish paternity is filing a suit in court. If a man fails to register with the paternity registry, he runs the risk of having his parental rights terminated with no notice.
Rebutting Paternity
The presumption of paternity can be rebutted by filing a suit to adjudicate parentage or by having the presumed father file a denial of paternity along with a valid acknowledgement of paternity by another person.
If a suit to adjudicate parentage is filed, the court will typically order some sort of genetic testing, leading to the presumption of fatherhood. This presumption can only be rebutted only by a second genetic test that excludes the man as the child’s father or identifies another man as the child’s father.
Mistaken Paternity
NY recently passed a law that allows fathers to terminate parental rights in certain circumstances. If paternity was established erroneously, known as mistaken paternity, the father may be able to challenge his designation as father. We advise and represent fathers who have reason to question their paternity after the fact.
Contact a Texas Parental Rights Attorney
To learn more about fathers’ rights and paternity from an experienced lawyer, please call 212.671.0936. You can also contact our Vangorodska law office online.