Brooklyn Paternity Lawyers
Child custody pertains to where a child will live and how they are raised by one or both parents. Child support is the weekly, b-weekly or monthly payment one parent send to the other to support their child. Typically, before either issue can be settled, paternity must be established. In brooklyn, paternity law is outlined in New York FCT 515.-a.
Establishing Paternity in Brooklyn
New York automatically assumes the man married to mother at the time a baby is born is the father. This may not be the case. An unwed mother may tell a father he is the biological father, but he is not. The state allows an individual to establish paternity in one of two ways. The father can sign an acknowledgment of paternity at the time of the baby’s birth. The other option is to file a petition to establish paternity. The petition may lead to an Order of Filiation by the court. This is after the alleged father was proven to be the biological father.
The petition can be filed by the:
• Baby’s mother
• Alleged father
• Child’s guardian, individual in a parental role or next of kin
• Child
• Representative of a philanthropic society or charitable organization
• Representative of a public welfare agency
The Paternity Petition is to Start the Hearing Process in brooklyn
In brooklyn, a paternity petition filed with the court starts the fact-finding process. A hearing is scheduled. In the hearing, evidence is heard from each side regarding the child true paternity. Before or after the initial hearing, the baby and father will undergo DNA or blood testing. If the man admits to fathering the child, the DNA testing may not be necessary.
However, the DNA or blood test results are read at the hearing. Paternity will be determined at that time. If the man is determined not to be the father, he will not be responsible for child support. If he is determined to be the child’s father, paternity is established.
Acknowledgement of Paternity May be Rescinded in brooklyn
In brooklyn, a man has the right to vacate or rescind acknowledgement of paternity. It must be done within 60 days of signing the document. In addition, a man can challenge the acknowledgement of paternity after that 60-day period. However, they must have a valid, legal reason as proof they are not the father such as:
• Mistake of fact: The alleged father mistakenly assumed he fathered the child
• Duress: The alleged father was pressured into signing the acknowledgement of paternity
• Fraud: The alleged father signed the acknowledgement because he was told by the mother that he was the father. Later, the mother admitted she purposely lied.
Child Custody and Child Support In brooklyn
After paternity is established, the father can seek child custody rights. Child custody is separated into two areas: legal and physical child custody. Legal custody is the right to make important decisions about the child’s upbringing. Physical child custody is the right to have the child live with the parent.
A parent may choose to seek sole or joint legal and physical child custody. Sole legal custody means only one parent has the right to make important decisions about the child. Joint legal custody gives both parents the legal right to make decisions. Sole physical custody allows the child to live with one parent. Joint physical custody allows the child to live with both parents according to a schedule.
Child support is also determined. Whether child support is awarded typically depends on the physical custody arrangements.
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Can an out of state divorce be enforced?
When a divorced person has moved to a different state they may often wonder whether their divorce may be enforced in that state. Because people often relocate to different states, the law allows people to take action to enforce a divorce judgment entered in a different state. There are specific procedures that must be followed in order to successfully enforce an out of state divorce judgment. If you wish to do this, you should consult with a divorce attorney who is licensed in the state where you wish to enforce the divorce judgment.
Each state has its own laws and procedures that must be followed to enforce an out of state divorce judgment. It is crucial that you follow the appropriate laws and procedures, otherwise the out-of-state judgment cannot be properly enforced in your state. Most states have specific laws that detail what documents must be provided, any notice requirements to the other party, filing fees, and other requirements that must first be satisfied. A divorce attorney will be well familiar with the process and can assist you with taking the proper actions.
Many states will require you to obtain a copy of the divorce judgment that is certified or otherwise authenticated by the court that initially entered the divorce judgment. Because of this, you will most likely need to contact the court where the divorce was entered, request a copy the divorce papers and have them certified. Typically there is a fee to receive certified copies of the paperwork.
After you have obtained a certified copy of the divorce papers, you will need to follow the procedures to have the divorce papers registered in the state where you wish to enforce the judgment. Some states may require that notice be given to the other party so they are aware that you are taking action to enforce the divorce in a different state.
There are many reasons why you may need to register an out-of-state divorce in a different state. Some examples may include enforcement of a child custody schedule, collection of child support or alimony, action to recover property awarded in a divorce, and action to modify child custody when jurisdiction has been established in another state.
Most states have adopted laws to recognize out-of-state judgments that have been properly registered. In matters of child custody and child support comma Most states have adopted the Uniform Child Custody jurisdiction and Enforcement Act, which sets forth rules for child custody matters and makes the laws similar between most states. Child custody orders are some of the most common out of state divorce judgments that are registered in other states. In many cases, the parents and children no longer reside in the state where the divorce was initially entered, so it becomes necessary to have the divorce registered in the new state so that it may be properly enforced or possibly modified when circumstances change.
If you have a divorce that was entered in one state and needs to take action in a different state to enforce the divorce papers or otherwise pursue action related to the divorce, you should seek out a divorce attorney for legal advice. A divorce attorney will be able to explain the various options and will ensure that you comply with all legal requirements to register an out-of-state judgment. An experienced divorce attorney will also be able to help you make informed decisions about what action should be taken and what the possible outcomes may be.
Contact a divorce attorney if you have questions about an out of state divorce or general questions about divorce comma custody comma or child support issues.
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