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Yonkers Paternity Lawyer

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: 

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

What Options Do Unmarried Fathers Have to Establish Paternity?

There are two avenues an unmarried father can take to establishing paternity in the state of New York:

  1. 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
  2. He can file a petition in family court to have the court rule on his paternity.

Disputed Paternity

If there is a dispute regarding paternity, a paternity action can be filed in family court. The case can be filed by either the birth mother or a man who reasonably believes that he is the father of a child born out of wedlock. Depending on the circumstances, the state of New York can also initiate a paternity action.

Once a paternity action is initiated, the court will order DNA testing. The DNA testing results conclusively demonstrate whether or not a particular man is the father of a child born out of wedlock.

Genetic Testing to Prove or Disprove Paternity

The genetic testing a man agrees to undergo for the purpose of proving or disproving paternity of a child has to measure up to established criteria.  For the results to be deemed conclusive or be admissible as evidence in a paternity case in Yonkers family court, the DNA test must be legitimate.  It might be possible to access DNA testing from a mobile unit on a street corner.  Such a provider could presumably give you rapid results for no more than a few hundred dollars, but a Yonkers Family Court judge would be reticent about recognizing a paternity test done in a recreational vehicle. The customary, and more than reasonable, expectation is that the laboratory where you do the genetic test to be used as evidence in a paternity matter is a court-approved laboratory, or one that has the necessary accreditation from the state agencies appointed by the US Department of Health and Human Services.

Hire a family attorney who is familiar with the paternity legislation in Yonkers if you are seeking to start a paternity case. Any mother looking for child support should also look for an experienced NY paternity lawyer to secure court-recognized child paternity of the presumed father.

Default Judgment in a Paternity Case

If a putative father does not respond to a summons in a paternity case within the time frame established by law, the family court can enter what is called a default judgment. A default judgment will declare the putative father the legal father of the subject child. Barring some extraordinary circumstance, a default judgment cannot readily be set aside once it becomes the final order of the court.

Paternity and Child Support

If you are a father presently facing a divorce or separation agreement in Yonkers, New York, it is strongly recommended that you retain the services of a skilled Paternity lawyer to protect your rights as a father. If a default judgement of paternity is entered in your case, then child support is a matter that is likely to arise.

In general, child support is calculated on the basis of a formula in the family code, but specific child support amounts can vary from jurisdiction to jurisdiction. A “combined parental income” sum is figured out by first subtracting social security and taxes. Here are the basic child support percentages.  You should be aware that these may vary depending upon your particular situation and the unique needs of the child or children:

  1. For one child – 17% of combined parental income sum
  2. For two children – 25% of combined parental income sum
  3. For three children – 29% of combined parental income sum
  4. For four children – 31% of combined parental income sum
  5. For five children or more – 35% of combined parental income sum

Retain a New York City Paternity Lawyer

A person facing the challenges of a paternity case is wise to seek legal representation. A New York City paternity lawyer will schedule an initial consultation to discuss a case and a prospective client’s legal rights. There is no fee typically charged for an initial consultation in a paternity case.


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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!
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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.
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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.
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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.
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Mike Moroff
2021-02-26
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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.
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Josh Katz
2021-02-24
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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
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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
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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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