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Hudson Valley Paternity Lawyer

When Is a Man a Legal Father in New York?

Paternity refers to the status of a man as the legal father of his child. Legal fathers have both rights and responsibilities in regard to the child. A man is given this classification in a few different circumstances. If the mother and father are married during the birth of the child, that man will be classified as the legal father. If both parents sign an acknowledgment of paternity form when the child is born but they are not married, then he is considered the legal father. The other way a man is considered the legal father is if the court issues an order of filiation after the start of a paternity proceeding. Our Hudson Valley divorce lawyers can help you navigate a paternity case; start by calling for a free case evaluation at (888) 900-6204!

Legal Assistance with Paternity Proceedings

Fathers can initiate paternity proceedings for a variety of reasons. Typically, paternity is assessed during a divorce proceeding when the fathers' rights are questioned.

Some of the most common purposes of a paternity proceeding:

  • To make sure someone else is not the father
  • To obtain custody of the child
  • To protect rights to visitation with the child
  • To prevent a relocation by the custodial parent

Mothers can also go to court to get an order of filiation. If you were never married to the alleged father and you do not have an acknowledgment of paternity, then you can pursue a paternity proceeding to obtain child support.

Requirements for a Paternity Proceeding in New York

If you would like to initiate a paternity proceeding, you will do so by filing an order of filiation with the family court. You must fulfill all requirements in order to proceed. Paternity proceedings can be pursued from the start of the pregnancy up until the child turns 21 years old. Individuals who are pursuing a paternity proceeding do not have age restrictions on themselves. In some cases, a person can even start a paternity case if the alleged father is deceased. When either parent contests paternity, a New York family court can then take jurisdiction in regard to this matter. Once paternity is determined, the court can award child custody, establish a visitation schedule, and order child support.

At Michael R. Varble & Associates, P.C., we understand your concerns regarding paternity and the emotions you may be feeling during this legal battle. If you need to secure your rights as a father or request child support from the father, you can schedule a free case evaluation with our legal team. With over 50 years of combined experience and strong litigation skills, you can have confidence in the legal guidance we provide. Our attorneys have represented individuals with paternity actions throughout the state of New York.

Contact us today for legal assistance at any of our three office locations!

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