Paternity Attorney in Nassau County

Nearly Three Decades of Family Law Experience Serving Nassau County

Establishing paternity is one of the most consequential steps a parent can take. It determines who holds parental rights, who carries financial responsibility, and what legal protections a child receives. At Anthony J. LoPresti, Attorney at Law, we handle paternity matters for both mothers seeking to establish child support obligations and fathers working to assert custody and visitation rights. With nearly three decades devoted entirely to family law in Nassau County, we bring the procedural depth and local familiarity this process demands.

New York law doesn’t automatically recognize an unmarried man as a child’s legal father. Until paternity is formally established, he has no enforceable right to custody or visitation and no legal obligation to pay child support. Entering that process without legal guidance can mean waived rights or unintended obligations with long-term consequences for everyone involved, including the child.

Two Pathways to Establishing Paternity in New York

When a child is born to married parents in New York, the husband is presumed the legal father and is listed on the birth certificate. For unmarried parents, that recognition doesn’t exist until one of two methods is used.

The first is an Acknowledgment of Paternity, a voluntary form both parents sign to confirm the father’s identity. It can be signed at the hospital at birth, at a child support office, the birth registrar’s office, or Nassau County Family Court in Mineola. The second is a petition for an Order of Filiation, filed in Family Court when paternity is disputed or one parent won’t sign voluntarily. Either party may challenge a signed Acknowledgment, at which point the matter proceeds to a court hearing. Proceedings are governed by New York Family Court Act Article 5, and a petition may be filed by the mother, the alleged father, the child, the child’s guardian, or, in some cases, a social services agency.

How Nassau County Family Court Handles a Paternity Case

After a petition is filed, the case is initially heard before a Support Magistrate at Nassau County Family Court in Mineola. If the respondent denies paternity, the court can order DNA testing of both parties and the child. Results showing 99 percent or greater probability create a rebuttable legal presumption of paternity, though results can still be disputed in court.

One important limitation on testing is the doctrine of equitable estoppel. A judge may decline to order DNA testing when an established parent-child relationship already exists and disrupting it wouldn’t serve the child’s best interests. This reflects the court’s application of the best interests of the child standard throughout family proceedings. There are no filing fees for a paternity petition in New York Family Court. An uncontested case can resolve within a few months. A contested matter involving DNA testing may take six months to a year, depending on scheduling and complexity.

Rights & Obligations That Follow an Order of Filiation

An Order of Filiation does more than name a father on a birth certificate. It sets the legal foundation for what comes next.

For the Father
A legally recognized father gains the right to seek custody or visitation and to participate in decisions about the child’s education, medical care, religious upbringing, and extracurricular activities. He also gains standing to contest a proposed adoption. Legal paternity creates an enforceable child support obligation. If the father has been the primary caregiver, he may seek support from the mother.

For the Child
Legal paternity secures the child’s right to financial support, health insurance coverage, inheritance, and Social Security and veterans benefits. These protections can’t be accessed until paternity is formally on record.

Once the order is entered, the court can address child support, custody, and visitation in separate proceedings. Because our practice covers all of these areas, clients working with us on paternity don’t have to start over with a new attorney when those next steps arise.

Why Nassau County Families Choose Anthony J. LoPresti, Attorney at Law

Our practice is devoted entirely to family law. Paternity, custody, support, and visitation aren’t peripheral matters here. They’re what we handle every day. That focus, sustained across nearly three decades in Nassau County, means we approach each paternity case with procedural familiarity.

We also understand that paternity proceedings carry real financial weight. Our commitment to an efficient and economical approach means we work to guide clients through the process without unnecessary cost or delay. Attorney Anthony J. LoPresti is a member of the New York State Bar Association, the Nassau County Bar Association, and the Matrimonial Committee of the Bar Association. His service on the board of directors of Ronald McDonald House reflects a commitment to this community that extends well beyond the courtroom.

Start with a Complimentary One-Hour Consultation

Whether you’re a mother seeking to establish support or a father working to secure your parental rights, we can walk you through what the process looks like for your situation and what steps may make sense to take next. We serve families throughout Nassau County and across Long Island.

Call us at (516) 252-0223 or reach us through our online contact form to schedule your complimentary one-hour consultation.