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Paternity

Long Island Paternity Lawyer

Helping Mothers & Fathers Determine Paternity

Paternity may need to be established before your divorce case can proceed. Paternity refers to the legal establishment of the father of a child. It may need to be proven in a variety of circumstances, such as a child being born out of wedlock.

Another situation is when a married father believes that a child is not actually his. Establishing paternity permits a father to retain his rights to visitation or to gain custody of his child. Paternity can also be pursued by the mother of a child to establish a father's legal and financial responsibilities. No matter what your situation, speak with a Long Island divorce attorney at our firm for further information specific to your case.

Assistance Establishing Paternity in New York

In a New York paternity issue, specific legal steps must be taken to either prove or disprove the paternity of a child. This can be accomplished through DNA testing. If a DNA test disproves a man's biological paternity of a child, he may still be considered the legal father.

If the man accepted the child into his home and acted as the child's father for a certain amount of time, he may be required to pay child support. This can be avoided by requesting a DNA test shortly after the birth of the child.

An action for paternity can be brought by any of the following parties:

  • The child's mother
  • The supposed father
  • The child's guardian
  • The Department of Social Services

Paternity can be pursued at any time from the mother's pregnancy until the child is 21 years old. In a family court action, the parties can agree that the man is the father of the child. If this occurs, the judge will issue the order of filiation. If there is disagreement on this matter, the judge may order DNA testing. Once paternity is established, the matters of child custody, child visitation and child support can be finalized.

Contact our firm today for further information!

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