How is paternity established in NYS?
There are two ways paternity is established in New York State. One is when a child is born to parents who are married. The state automatically assumes the mother’s husband is the child’s legal father and by default, paternity is established.
The second way to establish paternity for a child is when the parents of the child are unmarried. When this occurs, Automatically the child does not have a “legal father”. The unmarried alleged father has to establish paternity (aka become the legal father). This can be done by signing the paternity acknowledgment form at the hospital. Another way to establish paternity is when either the presumed father or mother files the petition with the court. If the judge agrees with the petition. A court order will be mailed out to the alleged father or mother.
A child does not have a “legal father” until paternity is established. Remember, if you are not married to the child’s other parent, the biological father is not responsible for child support, nor does he have any rights to custody or visitation until such time as paternity is established.
Can a paternity test be used to establish paternity in New York City?
Yes. Whether voluntary or by court order a paternity test plays an important part in proving if an alleged biological father of a child is biologically related.
What will I need to get a paternity test in NYC?
In order to perform a paternity test in New York State, you will be required to have one of three things to be compliant with NYS guidelines to perform a DNA paternity test.
1. A court order from a judge.
2. A prescription from an NYS licensed doctor.
3. Or a letter from an NYS licensed Attorney.
If you would like to schedule a legal paternity test that will be performed within the New York State guidelines. Please do not hesitate to contact our office at 646-383-9778 to schedule an appointment today.