Establishing Paternity in New York State: What You Need to Know

Establishing paternity is a crucial step in securing a father's legal rights and responsibilities in New York. Whether you're a mother, an alleged father, or a concerned guardian, understanding how paternity is established, and potentially challenged, is essential to protecting a child's best interests.

Who Can File a Paternity Petition in New York?

A paternity petition can be brought by:

• The child’s mother

• A man who believes he is the father

• The child or the child’s legal guardian

• The Department of Social Services (if the child receives public assistance)

What Is an Order of Filiation?

An Order of Filiation is a court order legally naming a man as a child’s father. It grants:

• Custody or visitation rights

• Financial responsibilities such as child support

• The ability to change the child’s surname or birth certificate

How Paternity Can Be Established

1. By Consent:

• If the mother was unmarried when the child was conceived or born, both parents can agree to paternity without DNA testing.

• If the mother was married, the husband, mother, and biological father must all agree.

2. By Court Order:

• If there’s no agreement, the court may require DNA testing.

• Even after a DNA match, a hearing is still required. The burden of proof then shifts to the party contesting the results.

Challenging or Vacating a Paternity Order

You may petition to vacate an Order of Filiation or Acknowledgment of Paternity based on:

• Fraud

• Duress

• Material mistake of fact

However, equitable estoppel may prevent a challenge if the man has already acted as the father, developing a close bond with the child. The court’s priority will always be the best interests of the children, emphasizing stability and emotional security.

Contact a Syracuse Paternity Attorney Today

Paternity cases impact custody, child support, and emotional well-being. Having an experienced Syracuse family law attorney ensures your rights, and your child's, are protected.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.