Fathers are important and in most cases, giving a child access to both parents is beneficial to their growth and development. What’s more, New York law requires that both parents financially support their children. So, the father must be financially involved as well.

This is not always a clear-cut path though. There may be questions about paternity, or the parents may not be married so the court won’t recognize the man as the father which means the mother cannot get child support. It can also mean that the mother won’t cooperate with the man, denying him visitation and even custody of the child.

When these things happen, it is important for the father to establish his paternity as the biological father of the child.

What is paternity law in New York?

There are several laws that cover paternity in the New York Family Court Act:

How does paternity work in New York?

Paternity can be established at any time from the child’s birth until he or she reaches the age of 21 or until the child is emancipated.

Paternity must be established before the father has any rights to the child, such as custody or visitation, or before the mother can file for child support. If the mother is married to the father, paternity is automatically given to the father. If the parents are not married, the mother has full, legal custody of the child. If the father wants to have any rights to the child, he must establish paternity. If the mother wishes to file for child support, the court can require the father to take a paternity test.

There are two ways that paternity is established in New York. The father can sign an Acknowledgment of Paternity or if the father refuses to take a paternity test there is a judicial process that can require him to take the test. The judicial process means that he will have to appear in court. The Acknowledgment of Paternity can be signed as soon as the baby is born, before baby even leaves the hospital. The parents can sign separately at different times and in different locations.

Is there a process for vacating or rescinding an Acknowledgment of Paternity in New York?

Under Family Court Act Section 516-a  a parent is able to vacate or rescind an Acknowledgment of Paternity within 60 days of:

  • The date it was executed, or
  • The date of the judicial or administrative proceeding that is related to the child.

A parent may challenge the Acknowledgment of Paternity after the 60-day period has passed, but they must show that the signature on the Acknowledgment was made due to duress, fraud, or an error of fact.

What is New York paternity court like?

Paternity court is one of the ways that paternity is established in New York. It is a legal process that the court employs to determine the biological father of the child. The father has no rights or responsibilities to the child until he is proven to be the child’s biological father. 

At the hearing, both the person who initiated the action (which is usually the mother but can also be a legal guardian or agency) and the father may testify to the validity of the claim that he is the biological father. Parties may also call witnesses to support their claims. Other evidence may include a DNA test or blood test.

If the court is satisfied that the evidence provided by the petitioner is sufficient, it will enter an Order of Filiation establishing the man as the biological father of the child. If the court deems that there was not enough evidence presented, it will dismiss the petition.

How long does a father have to establish paternity in NY?

The father has until the child turns 21 to establish paternity in New York. However, until he establishes himself as the biological parent of the child, he has no rights to the child and the child does not have a legal father.

Does signing a birth certificate establish paternity in New York?

Not necessarily. If the parents are married, then the law automatically establishes the husband as the child’s biological father. However, if the parents are not married, there’s a little more to the process. In that case, signing a birth certificate does not establish paternity in New York. There are only two ways to establish paternity out of wedlock in New York.  If both parents are in agreement, they can sign an Acknowledgment of Paternity. This is often done at the hospital right after the child is born, but it can be done later. The other way is for one of the parents or a guardian to petition the court for a determination of paternity via a DNA test.

How do you get a paternity test in NY?

In New York, the State Department of Health does not allow at-home DNA testing for paternity. The collection for DNA testing for paternity must be done by an approved DNA collector. The court has specific chain of custody protocol for the testing to be admissible as evidence in a paternity case:

  • The testing materials are sent from the lab to an approved DNA collection facility. This ensures against tampering.
  • The test participant goes to the facility and is required to verify his identity by presenting a valid ID. The test participant may also be photographed by the DNA collector. He must also present authorization to test from a lawyer, doctor, or an officer of the court.
  • The DNA collector swabs the test participant’s cheek or witnesses the cheek swabbing. 
  • The DNA collector secures the swabs in individual sample envelopes.
  • The DNA collector completes the necessary paperwork and mails the samples and paperwork to the lab so that they can be tested.

Who can file an action to establish paternity in New York?

The mother is not the only person who can file a paternity petition. It can be filed by:

  • The child’s mother
  • A man who believes that he is the child’s father
  • The child
  • A legal guardian of the child
  • An agency such as foster care
  • Department of Social Services

Should all fathers get a paternity test?

There is no reason for all fathers to get a paternity test unless he does not believe that the child is his.

What should you do if you suspect your child is not yours?

If a man has doubts about whether a child is biologically his, then he should get a paternity test. That is the only way to legally establish that the child is not his – if that is the case. This is especially true if the man is married to the woman and suspects that she was unfaithful, resulting in the pregnancy. In the eyes of the law, when a married couple has a child, the husband is automatically considered to be the biological father. If the husband has doubts about his biological relationship with the child, he should contact his lawyer and arrange for a paternity test immediately.

How can you tell if a child is yours without a DNA test?

A father may be able to see that his child resembles him in appearance or mannerisms, but the only way for him to establish paternity and truly know if the child is his is to take a paternity test.

Can undocumented immigrants get paternity tests?

Sometimes it’s necessary to establish paternity for immigration purpose, like when American fathers want to sponsor their children for US immigrant visas. When paternity has not been previously established, a paternity test is one way to show immigration services the required family relationship. No information that is gathered while establishing paternity will be shared with the U.S. Citizenship and Immigration Services. 

Paternity cases can get messy, and they are often complex. You need an experienced family law attorney to help you navigate the family court and help establish the biological father’s paternity. You need the Litvak Law Firm. Call today at 719-989-2908 for your free consultation and get the help that you need.