Paternity Lawyer In Nassau County
If you were unmarried at the time your child was born, it is important that you understand your legal circumstances. In New York, women and married men receive parental rights upon the birth of a child. Unmarried men do not automatically have father’s rights.
Establishing or disestablishing paternity, in order to assert or strip parental rights and obligations, requires skilled legal guidance. As an accomplished attorney who has focused on matrimonial and family law for over 40 years, I provide effective and practical legal representation in paternity matters.
New York Paternity Law
When a woman is married at the time she gives birth, her husband is presumed to have fathered the child and is listed on the birth certificate. When a mother is not married, she and whomever she believes is the father can file an acknowledgement of paternity.
Without a signed acknowledgment of paternity, an unmarried father cannot be ordered to pay child support, and he has no right to child custody or visitation or to object to the child’s adoption by someone else, until paternity is established.
Establishing paternity: In New York, paternity can be established by filing a petition in family court. The child’s mother, the man who believes he is the father, the guardian or the child can file this petition, resulting in DNA testing to identify the father.
Under the principle of equitable estoppel, a judge can decide not to permit DNA testing when it would be contrary to the best interests of the child. Equitable estoppel is typically invoked to protect a father-child relationship that is already in place.
Paternity Cases That Cross State Lines
New York has not adopted the Uniform Parentage Act, and because of this, decisions concerning paternity are based upon decisions issued by the various courts in the state. Complicated questions arise when everyone involved in the case does not reside in New York.
For New York to be able to deal with the issue of paternity (and subsequently, a potential child support order), there has to be sufficient basis to exercise jurisdiction. Just because the child is currently in New York does not mean the paternity case must be handled here.
While these cases involve an added level of complexity, I am well-versed in interstate family law issues. As your paternity lawyer, I will help you understand your rights and options and provide practical legal representation to protect your interests.
Paternity Questions? Schedule A Legal Consultation.
To discuss your paternity concerns with me at my law office, please call 516-441-7432 or fill out this form. I represent clients in Queens County, Nassau County, Suffolk County and the surrounding areas.
*The National Board of Trial Advocacy is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.