Paternity cases represent legally challenging matters. If you face a paternity case in New York City, you need to have an essential understanding of paternity law in the Empire State. In addition, you best protect your legal rights in this type of case with the professional assistance of a skilled, experienced New York City paternity lawyer.
Judicial Jurisdiction a New York Paternity Case
In the state of New York, the family court has jurisdiction over paternity cases. The family court has the power to establish paternity. In addition, the family court has the power to issue such other orders that are naturally associated with the establishment of paternity. These include orders addressing matters like child support, child custody, and parenting time or visitation.
Acknowledgment of Paternity
New York law includes a provision that permits a putative father the ability to acknowledge paternity. The term putative father refers to a man who is thought to be the father of a child born out of wedlock, but who has not been legally identified as the father.
The acknowledgment can be prepared and submitted to the registrar in the state of New York where the birth certificate previously was filed. Provided there is no objection to the acknowledgment of paternity, no further legal action is required.
There can be an objection to the acknowledgment of paternity. First, another man who believes he is the father of a child born out of wedlock can take legal action to object to the acknowledgment of paternity. Second, the birth mother of the child can also object to an acknowledgment if she believes that someone else is the father of the child born out of wedlock.
Sixty days must lapse from the filing of the acknowledgment of paternity and the commencement of legal action challenging it. The specific grounds set forth in New York law upon which an objection to a paternity acknowledgment can be lodged are an allegation of fraud, duress, or material mistake of fact.
What Are Some Benefits the Fathers Get Out of Paternity Establishment?
The father receives a number of benefits that he may be looking for from paternity establishment. These benefits include:
- Legal validation of his parenting rights;
- Having his name placed as the father on his child's birth certificate;
- The right to seek court ordered custody and visitation of his child; and
- The right to be informed and have his voice heard in adoption proceedings.
- He can sign a form called an Acknowledgment of Paternity. This must be signed voluntarily and in the presence of witnesses or a notary. You can obtain this form from a hospital, local district child support offices, and local birth registrars, and
- He can file a petition in family court to have the court rule on his paternity.
- For one child - 17% of combined parental income sum
- For two children - 25% of combined parental income sum
- For three children - 29% of combined parental income sum
- For four children - 31% of combined parental income sum
- For five children or more - 35% of combined parental income sum