Manhattan Paternity Attorney

Helping Clients Secure Their Parental Rights in New York

At the Law Office of Patricia M. Machado, P.C., our dedicated Manhattan attorneys understand the devastating impacts that family law disputes can have, especially those involving young children or a history of domestic violence. Issues like child support and child custody can be stressful and contentious areas of family court proceedings, making it all the more important for Manhattan families to know and exercise their parental rights as needed.

In many cases, establishing paternity can be an essential and beneficial part of the process. Whether preparing for a New York divorce or having a biological child with an unmarried partner, our compassionate family lawyers have the in-depth knowledge and diverse skillset to protect your rights and restore your family's safety and well-being. Call (646) 355-1560 to speak with a trusted paternity lawyer. 

Family law disputes can take a heavy emotional toll on families. Contact our Manhattan Law Firm to discuss your rights today with our paternity lawyer in Manhattan.

What is Paternity?

In Manhattan, paternity is the legal recognition of a man as the biological father of a child. It serves to establish the father’s legal responsibilities and custodial rights when it comes to visitation, parenting plans, child support, and other key aspects of parental rights in family court. 

How Is Paternity Determined in New York?

In New York, paternity can be established through various means, including:

• Voluntary Acknowledgment – Parents can sign a voluntary acknowledgment of paternity at the hospital or at a later time. This document legally establishes the father's relationship with the child.
• Genetic Testing – In cases where paternity is disputed, genetic testing can be conducted to determine biological parentage. This involves comparing DNA samples from the child, the alleged father, and sometimes the mother.
• Court Order – If paternity is contested or not acknowledged, either parent can petition the court to establish paternity. The court may order genetic testing and make a determination based on the results.

Top Advantages of Legally Establishing Paternity

Paternity is essential for many reasons, as paternity rights can play a significant role in court. Establishing parental rights in family proceedings can offer numerous benefits for involved parties, such as: 

• Legal Rights and Responsibilities: When paternity is established, the father gains legal rights and responsibilities towards the child. This includes the right to make decisions regarding the child's upbringing, education, healthcare, and visitation rights.
• Emotional Connection: Establishing paternity provides a sense of identity and emotional connection for both the child and the father. It allows them to develop meaningful relationships and bond with each other.
• Financial Support: Upon establishing paternity, the father becomes responsible for providing financial support for the child. This can include child support payments to ensure the child's well-being, including expenses related to education, healthcare, and basic needs.
• Inheritance and Benefits: A paternity determination may grant the child certain inheritance rights, including access to the father's estate and potential benefits such as social security, insurance, and medical coverage.
• Access to Medical History: Knowing the biological father's identity allows the child to have access to their complete medical history, which can be crucial for medical diagnosis, treatment, and prevention of hereditary conditions.
• Government Assistance: In some cases, establishing paternity can make the child eligible for government benefits, including Social Security, veteran's benefits, and health insurance coverage.

How Long Does a Father Have to Establish Paternity in New York?

In New York, the timeline for establishing paternity is not strictly limited by a specific deadline. However, delaying the process can have implications for both the father's rights and the child's welfare. Early establishment of paternity can prevent complications related to custody, visitation, and support. Additionally, it secures the child’s access to benefits and inheritance rights from an early age.

Once paternity is established, there are strict time limits for challenging it. Typically, a parent has up to 60 days to rescind a voluntary AOP. After this period, challenging the acknowledgment requires proof of fraud, duress, or material mistake of fact and must be initiated before the child turns 21.