Establishing The Rights Of Unmarried Parents In New York
In New York, the rights of a child to financial support and the rights of a father to visitation exist whether or not the father and mother are married. The difference for unmarried parents is that paternity must first be established before child support and visitation rights can be determined.
Attorney Andrew A. Bokser represents mothers who want child support payments as well as fathers who want to have regular visits with their child. With offices in Brooklyn and Garden City, he represents clients in paternity cases throughout the New York City area, including Nassau and Suffolk counties.
How Is Paternity Established In New York?
Being listed on a child’s birth certificate as the father is not legal proof of paternity in New York. To establish paternity, the father must complete an acknowledgment of paternity. If the father has not completed an acknowledgment of paternity or if paternity is disputed, the court will order a DNA test.
DNA testing will not show with 100 percent certainty that a person is the father. Rather, it will show a percentage such as 99.999 percent. Under New York law, you are presumed to be the father if DNA tests indicate more than a 95 percent probability of paternity.
Understanding Fathers’ Rights
In New York, establishing paternity does not give the father child custody or visitation rights. However, those rights can be ordered by a family court judge once the father has legal proof of paternity.