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NY Paternity Lawyer

The paternity lawyers try to establish a legal relationship between a man and his child. In many regions, a person will receive these rights if a child is born during a marriage. Unmarried partners have to follow the additional procedure for the male parent to fit to be the father before the law. They have to go through the voluntary acknowledgment of paternity. The court must prove that the alleged man is the biological father of the child under the paternity testing like DNA samples. In such scenarios, the court officials will come up with child support orders, approve visitation agreements, or recommend child custody.

What Benefits Do the Fathers Get from Paternity Establishment?

The father gets a number of benefits from paternity establishment.  These include: 

  1. Legal establishment of his parenting rights;
  2. Having his name listed as the father on his child’s birth certificate;
  3. The right to petition for court ordered custody and visitation of his child; and
  4. The right to be informed and have his opinion heard in adoption proceedings.

How Do Unmarried Fathers Establish Paternity?

There are two routes an unmarried father can take to establishing paternity in New York State:

  1. Voluntarily signing a form called an Acknowledgment of Paternity. You can get this from a hospital, local district child support offices, and local birth registrars, and
  2. Filing a petition in family court to have the court determine paternity.

Genetic Testing to Determine Paternity

Whatever genetic testing a man submits to for the purpose of proving or disproving paternity of a child has to meet established criteria.  To be deemed conclusive or be admissible as evidence in a paternity case in a court of law, the DNA test must be legitimate.  You might be able to access DNA testing in a mobile unit on a  street corner in New York City.  They could presumably provide you a result for no more than three hundred dollars, but a NY Family Court judge would be reticent about accepting a paternity test done in a Winnebago. The usual, and certainly reasonable, expectation is that the place that handles the genetic test to be used as evidence in a paternity case is a court-approved laboratory, or one that has the relevant accreditation from the state agencies designated by the US Department of Health and Human Services.

Ensure that you hire a family attorney who is familiar with the paternity laws if you are seeking to start paternity. Any female parent looking for child support should also look for an experienced NY paternity lawyer to develop court-recognized child paternity.

Where There is Doubt Regarding the Identity of the Biological Father

If there is any doubt with regards to the identity of the biological father of a child, the parents must not sign the voluntary Acknowledgment of Paternity form. Rather, the parents need to petition the court to determine paternity. The court will order certain genetic tests from the mother, child, and alleged father. A judge will determine whether the alleged father is the legal father of the child based on the results of the tests.

If the alleged father is proven to be the true biological father, the court will issue an order of filiation, declaring that the man is the father of the child. After the order of filiation is handed out, either parent will be able to seek an order for child support if they need to.

Petitioning to Have a Paternity Declaration Legally Invalidated or Rescinded

You can have a paternity declaration rescinded if you need to, once the request to have this done is filed within 60 days of signing the declaration. The court can rule to invalidate the declaration after more time than that has gone by in some scenarios.  If you can present the irrefutable results of a DNA test to the court, for example, those results can be clear evidence to support ruling a paternity declaration invalid. Be that as it may, it is well worth noting that family court judges are legally obligated to put a combination of factors under consideration before entering a decision on any paternity matter.  In their choice of which to overturn – a paternity declaration that was signed by the presumed father in front of witnesses or the reliable outcome of a genetic test – the courts will additionally take the best interest of the child into account.  Also, the possibility that there may exist a deep connection between the child and the biological father is an important factor that judges are obligated to include in their ruling.

When to Hire the Advocate

Divorce is a stressful situation for everyone. After the separation, think of finding someone who will not only offer legal assistance but also support you emotionally. The divorce advocate must believe in you and give you hope to face the challenge and the future. Working with a reputable company is a sure way of receiving quality services. Here are qualities that your lawyer should possess:

  1. Alternative Settlement Plan

The highly regarded divorce lawyers should have the capability to assist with the less confrontational processes of separation like meditation. During the divorce intermediation, a divorce lawyer negotiates and settles the cases outside the law court. They operate in teams to ease the work to increase the chances of winning the case. Clients who choose divorce mediation get help to reach a fair settlement with their partners.

  1. Experience

The qualified legal entity has been in the industry for over 50 years during which they combined skills assisting families going through a divorce, determining child alimony, and child custody disputes. Choose a firm that has experience, passion, and knowledge to be aggressive when helping the clients get the results they deserve. The entity ought to demonstrate the same passion and dedication to all cases regardless of their nature.

  1. Expertise

The team is made up of proficient advocates that represent clienteles all over the city. These legal representatives have mastered the family and divorce laws applicable in this situation. Judges and divorce advocates respect eminent lawyers for their seriousness and expertise when working on a divorce issue. Court officials will recognize and value all clients working with such legal outlets. Insist on selecting such firms for your case.

  1. Devoted Staff

Look for a law firm with top rated NY paternity lawyers in your locality. The team works diligently from the different locations in the city to deliver the best outcomes possible. Divorce attorneys advise clientele on matters likely to arise after the separation. Their aggressive, uncompromising, and unflinching traits make them the ideal candidates to aid with the paternity issues. The team leader will notify you about the progress of your case.

It is essential to hire an experienced, skilled, and devoted legal expert for paternal cases. The New York matrimonial lawyers understand both the financial and emotional burden linked with separation cases. Choose a firm interested in getting you the best result possible. Conduct a survey on the available entities to find a good NY paternity lawyer.

Can I Change the Grounds for Divorce After Everything Is Finalized?

After a divorce has been finalized, spouses have a few options to appeal or amend the judgment. If you want to have a successful amend or appeal, you have to have the proper legal grounds and go through an outlined legal process. The original reason for the divorce is called the grounds. In the first divorce filing, the original reason should be outlined. The spouse who served the divorce papers might decide to amend the original divorce grounds before the finalization. This is a fairly typical occurrence and can be done without hassle. However, after the divorce has become finalized, it’s far more difficult to alter the judgment or grounds for divorce.

The Importance of Reasoning

If your divorce has been finalized, but you want to change your grounds, you should give serious thought to the reason for the change. Legally speaking, grounds for divorce only have two differences that matter. They can all be boiled down to “no-fault” or “fault.” In today’s modern world, most divorces are no-fault. No-fault divorce is much easier to file since there’s no need to prove a person was at fault. In many states, you can still file a divorce based in fault. However, every state gives the option for no-fault divorces. Certain states even have divorce laws that only cover no-fault cases.

If your original divorce filing was based on fault, and you settled the case, the divorce ruling was probably favorable for you. With a fault-based divorce, the initiating spouse tends to be rewarded, while the spouse at fault is punished. You probably wouldn’t be well served by changing your grounds from “fault” to a “no fault.”

On the flip side, if you’re the spouse at fault, you might want to appeal the ruling or change the grounds so your divorce terms will be better. To file this type of appeal, you need to be ready to provide proof that you weren’t at fault. This becomes extremely difficult after the finalization of a divorce, because you have already been ruled “at fault.” There would need to be significant new evidence or a groundbreaking argument to change the judgment.

Divorce Amendment Reasons

Even if you don’t want to amend the grounds of your divorce, there are other aspects of the agreement that you might want to amend after the finalization. These scenarios have specific legal connotations. It’s hard to amend a divorce agreement. Your prepared argument must be strong. Unfairness and unhappiness are not considered good reasons to amend a judgment.

One situation that might occur regards a misunderstanding or assets, or a failure to disclose assets. Assets are divided between the divorcing parties during the divorce. If not all assets were counted, the process might be ruled unfair. Some examples would be discovering your spouse had a secret bank account or real estate property they’d never told you about. You could present a petition to the court asking for your spouse’s assets to be part of the division process.

The second most common reason is that either you or your spouse’s circumstances have significantly changed. This change in circumstances must be relevant to the terms of the divorce. If you found out your spouse was part of illegal behaviors, you might petition the court to change your visitation or custody agreement. If one of the people’s financial situations changes drastically, it might affect any continuing terms of the divorce.

Divorce Appealing

If you intend to cause a significant change to your divorce judgment, you might file an appeal about the whole decision. All court decisions made through a trial can go through an appeals process with a higher court. However, it’s rare for the court of appeals to reverse a judgment for divorce. When appealing, the best arguments are about whether legal procedures were followed during the trial.

If your attorney believes the divorce proceeding was biased against you because the laws and court procedures were not followed properly, you have strong grounds for an appeal. Appeals have one significant advantage: they’re heard in a different court, and the new judge might have a different opinion on your divorce circumstances.

It’s very difficult to change the grounds of your divorce or change the terms of a divorce judgment. But that doesn’t mean it’s impossible. It’s important to get in contact with your attorney to see if you have a potential case.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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