Establishing the Paternity of a Child
A child is entitled to support from both parents. With the availability and certainty of DNA tests, it can be relatively easy to determine paternity. Paternity carries with it the responsibility to pay child support. For many fathers, paternity also has the benefit of taking part in a child's upbringing.
Paternity Petition · Equitable Estoppel
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At the Law Offices of Nangia & Kazansky in Brooklyn, our family law attorneys help mothers and fathers deal with paternity issues. Both parents need to understand their rights and responsibilities to the child. When parents are married at the time of birth, the man is presumed to be the father. If parents are unmarried at the time of birth, additional steps need to be taken to establish paternity of the child.
- Acknowledgement of paternity: Many unmarried fathers sign an acknowledgement of paternity document at the hospital. That establishes the child's paternity and obligates the father to pay child support.
- Paternity and the courts: If paternity is unknown or contested, parents can file a petition in the court to settle this issue. The courts have the power to order DNA testing and enter orders of filiation.
- Equitable estoppel: In New York, if knowledge of paternity would be detrimental to the child, the court can refuse to order a DNA test. This can happen when a man has been the putative father and has been involved in the child's life, but may want to challenge his paternity. The knowledge of the true biological father could be outweighed by the child's best interests.
If you need more information about paternity and the legal rights and obligations paternity entails, contact the lawyers at the Law Offices of Nangia & Kazansky. We represent clients throughout New York City.
