What Is an Acknowledgement of Paternity?
White Plains divorce attorney helping you resolve your legal challenges
Paternity is an issue of emotional, legal and financial significance. Martin J. Rosen, P.C. is an understanding paternity law firm in White Plains, NY that understands the diverse issues involved and can help you establish paternity with the utmost sensitivity.
In New York, paternity entitles a child to financial support from their father. It also entitles the child to certain important benefits such as health benefits if the father has insurance, Social Security benefits, and possibly inheritance rights. Paternity also entitles the father to possible visitation and custody rights subject to the court’s determination of the best interests of the child. The father can prevent adoption or foster care placements and the possibility of the other parent taking the child out of the state. Once the father is established, this determination is exclusive – that is, it is to the exclusion of all other claimed or putative fathers. The importance and seriousness of establishing paternity means that you should retain a reliable and experienced family law attorney to handle your paternity case.
Who may bring an action for paternity?
A number of interested parties may bring an action to establish paternity, including:
- The alleged father
- The mother
- The child
- A guardian for the child
- The Department of Social Services
How paternity is established in New York
Paternity is established in New York State in three ways:
- Presumption through marriage – In the case of a child born to a married couple, that child is presumed by law to be the child of the husband. If the husband wanted to prove otherwise, for example, to avoid child support subsequent to a separation, the burden would be on him to provide adequate proof. Martin J. Rosen, P.C. is a leading firm among divorce attorneys in White Plains, NY that can help you if paternity becomes an issue in child support determinations.
- Order of filiation – The Family Court can determine paternity and issue an order of filiation to establish the fact of paternity by law. The judge will likely issue such an order if both parties agree, but may require DNA testing if they do not. Martin J. Rosen, a thorough paternity attorney in White Plains, NY, can help guide you through the process.
- Acknowledgement of paternity – An acknowledgement of paternity can be signed by the father. He may withdraw his acknowledgement within 60 days by filing an action in Family Court. Still, within a year following the acknowledgment, the acknowledged father or mother may file an action in Family Court to change paternity and void the acknowledgement. Martin J. Rosen, a White Plains, NY family law attorney with decades of experience, can help you in filing your action to change paternity.
Paternity is hard to change by law once established. DNA testing, however, can be the key to doing so, if necessary. Martin J. Rosen, a trusted White Plains, NY divorce lawyer, can advise you as to the best legal means to establish paternity in the event of a divorce or separation.
Contact a skilled White Plains divorce attorney to handle your paternity case
You need a seasoned attorney to guide you through the process of establishing paternity. Call Martin J. Rosen at 914-517-0841 or contact the firm online. The law office of Martin J. Rosen, P.C. serves Westchester, Rockland, Putnam, Orange, Dutchess and New York counties.