Questions about fatherhood can be deeply personal, but they also carry real legal meaning. In New York, establishing paternity gives children the stability of having two legally recognized parents and gives fathers the chance to fully participate in their child’s life. It also ensures that both parents share responsibility for financial and emotional support. At The Gilmer Law Firm, PLLC, we work with mothers and fathers to address paternity issues, protect parental rights, and build stronger futures for children.
Why Paternity Matters
Paternity provides a foundation for a child’s legal and emotional well-being. Once a father is legally recognized, the child gains access to many benefits, including:
- The right to financial support from both parents
- Access to health insurance and government benefits through the father
- Inheritance rights
- A clearer sense of family identity and medical history
For fathers, establishing paternity means the ability to seek custody or visitation and to play an active role in raising the child. For mothers, it ensures support and shared responsibility.
How Paternity Is Established in New York
In New York, paternity can be established in two primary ways:
- Acknowledgment of Paternity (AOP): Both parents can sign an AOP form, usually at the hospital when the child is born or later through a local child support office. This form carries the same legal weight as a court order.
- Court Order of Filiation: When paternity is contested or uncertain, either parent or even the child, through a representative, can file a petition in Family Court. The court may order genetic testing to determine biological parentage.
We represent both mothers and fathers in these proceedings, ensuring that the process is handled fairly and in accordance with New York law.
Rights and Responsibilities After Paternity Is Established
Once paternity is legally established, both parents assume rights and obligations. These include:
- Child Support: The non-custodial parent is typically required to provide financial support according to New York’s child support guidelines.
- Custody and Visitation: The father may petition for legal or physical custody, or for visitation rights.
- Decision-Making: Fathers gain the right to be involved in important decisions about the child’s education, health care, and upbringing.
Paternity not only ensures that a child receives support but also protects the father’s role in the child’s life.
Disputes Over Paternity
Not every paternity case is straightforward. Disagreements may arise when:
- A man denies being the biological father
- Multiple men may potentially be the father
- A parent disputes the results of genetic testing
- A father seeks to establish rights while the mother resists
These disputes can be stressful, but they are not uncommon. Courts resolve them by focusing on evidence, genetic testing, and the child’s best interests. At The Gilmer Law Firm, PLLC, we help clients through these difficult situations by providing strong advocacy and clear guidance.
The Role of the Court
In contested cases, Family Court plays a central role in determining paternity. Judges may:
- Order DNA testing to confirm or deny biological fatherhood
- Issue temporary orders for support or visitation during proceedings
- Grant a final Order of Filiation, which establishes legal paternity
Once issued, the Order of Filiation creates permanent rights and responsibilities. We make sure our clients are prepared for every stage of this process, whether they are pursuing or defending against a paternity claim.
How We Can Help
We understand that paternity cases are often emotionally charged. Our firm provides both legal knowledge and practical support by:
- Explaining your rights and options under New York law
- Representing you in Family Court proceedings
- Ensuring genetic testing and other evidence are properly presented
- Advocating for custody, visitation, or support orders that reflect your child’s needs
- Helping resolve disputes with fairness and compassion
At The Gilmer Law Firm, PLLC, our goal is always to protect your parental rights while making sure your child has the financial and emotional support they deserve.
Frequently Asked Questions
Can paternity be established after a child turns 18?
In New York, paternity actions are generally filed while the child is still a minor, but certain issues like inheritance may still be addressed later.
Does signing a birth certificate automatically establish paternity?
No. A father must also sign an Acknowledgment of Paternity or obtain a court order.
Can paternity be challenged after it has been established?
In some cases, yes, but challenges are limited and must usually be brought within a set timeframe. Courts are reluctant to disrupt a child’s stability once paternity is established.
Contact an Experienced Brooklyn Paternity Attorney
Whether you are seeking to establish paternity, contest a claim, or secure your rights as a parent, you do not have to face the process alone. At The Gilmer Law Firm, PLLC, we will protect your interests and work toward a resolution that supports your child’s future.
Contact us today to discuss your paternity case and learn how we can help.