In New York, establishing legal paternity is more than a formality—it’s a vital step in securing the rights and responsibilities of both parents. Whether you're a mother seeking child support or a father looking to build a meaningful relationship with your child, confirming paternity provides legal clarity and emotional stability for everyone involved.
What Is Paternity and Why Is It Important?
Paternity means legally recognizing a man as a child’s father. For married parents, paternity is presumed under New York law. But if a child is born to unmarried parents, paternity is not automatically established—regardless of whether the father is involved or present at the birth.
Until legal paternity is confirmed:
- The father cannot request custody or visitation
- The court cannot issue a child support order
- The father's name may not appear on the birth certificate
Establishing paternity allows:
- The child to receive financial support from both parents
- Either parent to pursue custody or parenting time
- The child to access health insurance, inheritance, and government benefits
- Both sides of the child’s medical history to be considered in care decisions
- Legal recognition of the parent-child relationship
Legal and Financial Impact of Paternity in New York
Once paternity is established, the court can make legally binding decisions about:
- Child support obligations
- Custody and visitation rights
- Parental decision-making responsibilities
For mothers, this means access to court-enforced financial support. For fathers, it creates a path to meaningful legal involvement in their child's life. For children, it provides identity, emotional security, and access to long-term benefits.
How to Establish Paternity in New York
There are two primary ways for unmarried parents to establish paternity:
1. Voluntary Acknowledgment of Paternity (AOP)
This legal form is often signed at the hospital after birth, but can also be completed later through the local Department of Social Services or child support office. Once filed with the state, it has the same legal effect as a court order.
2. Filing a Paternity Petition in Family Court
If there is uncertainty or disagreement, either parent or the local child support agency can file a petition with Family Court. The court may order genetic testing to confirm biological paternity. Once paternity is established, the court can issue orders for custody, support, and visitation.
Why Timing Matters: Establish Paternity Early
Delaying paternity can create legal, financial, and emotional complications. Taking action early can:
- Help fathers secure legal rights from the beginning
- Allow mothers to seek enforceable child support
- Give children access to identity, family ties, and financial resources
Early paternity establishment leads to more stable co-parenting and clearer legal protections for everyone involved.
Contact the Law Office of Anthony J. LoPresti
If you're facing questions about paternity in New York, we’re here to help. At the Law Office of Anthony J. LoPresti, we work with mothers and fathers across Long Island and the greater New York area to establish legal parentage and protect family relationships.
Call us today (516) 252-0223 or fill out our online contact form to schedule a confidential consultation.