Rochester Paternity Lawyer

Rochester Paternity Attorney

The family law legal process can be complex and confusing when dealing with paternity issues, even ignoring all the emotions that can be involved in these types of cases. In New York, there are laws in place to ensure the greatest outcome for everyone involved, especially the child(ren). If you need assistance establishing paternity, are involved in a paternity dispute, or have questions regarding child support or other paternity issues, a Rochester paternity lawyer can help.

Trotto Law Firm P.C., a Law Firm You Can Trust

At Trotto Law Firm P.C., we understand the importance of family values. Family issues can be intense, as they put people in a position to make lifelong and life-altering decisions that don’t just affect them but also the people closest to them as well. Handling these issues alone can be stressful, but Trotto Law Firm P.C. can help.

We will work with you through the legal process, helping you understand your rights while listening to your concerns. With the knowledge acquired from representing hundreds of clients, we can help you in your unique situation with a tailored plan.

Why I Need a Paternity Lawyer

When it comes to paternity cases, a paternity lawyer can handle a number of issues. Paternity lawyers will handle legal matters that pertain mostly to contesting or establishing the paternity of a child. These lawyers assist with disputes or uncertainties related to paternity. Some common issues a lawyer would handle include:

• Establishing Paternity
• Contesting Paternity
• Child Support and Child Custody
• Legal Representation in Court
• Documentation and Paperwork

What Is Paternity?

Legally, paternity is defined as the stance of being a father. By law, fathers are given certain rights and responsibilities regarding the child. They have a right to legal custody, which gives them the right to make decisions regarding the child’s upbringing and welfare unless it goes against the interests of the child. These decisions relate to schooling, religion, education, and health care. Fathers can also be granted physical custody and visitation, depending on the circumstances.

In New York, if two people are married when a child is born, it is presumed that the male spouse is the father. If the two are not married, the father does not automatically inherit rights. This is where paternity will need to be established to secure these rights.

Establishing Paternity

Under New York statutes, there are two ways paternity can be established with unmarried couples.

• Acknowledgment of Paternity: In this case, both parents sign a “Voluntary Acknowledgment of Paternity” form. This can be signed at the hospital directly following the child’s birth, or it can be done at a later date. The form must be signed by both parents and witnessed by two parties. The witnesses cannot be related to either parent.
• Paternity Petition: Either parent can file a paternity petition with the family court if the parents cannot agree to both sign the Voluntary Acknowledgement of Paternity form. The court will genetically test the father, mother, and child. If it is determined that the alleged father is the biological father of the child, the judge will issue an “Order of Filiation.” This order proclaims the paternity of the child, and the father can then be added to the birth certificate. A paternity petition can be made by a number of people, including the mother, the alleged father, the child, social services, or the child’s current guardian. Generally speaking, a paternity petition can be filed while the mother is pregnant or at any time until the child’s 21st birthday.

Benefits of Establishing Paternity

Establishing paternity gives children the same rights and privileges as children born to married parents. Paternity also establishes the biological identity of the child’s father.

Establishing paternity also helps to share the financial responsibility of the child between both parents. This includes day-to-day expenses, such as food and clothing, but can also include other expenses, such as medical expenses.

Furthermore, establishing paternity also gives the father official legal rights to the child, in which case he can file for physical custody and visitation rights. This also gives the father the right to contest adoption options if he does not wish for the child to be put up for adoption.

Additionally, establishing paternity can also benefit the child as it gives the child the ability to learn their father’s medical history, which can be beneficial in understanding their own medical conditions.

FAQs

Q: Can a Non-Biological Father be Forced to Pay Child Support in New York?

A: Under certain circumstances, a non-biological father can be required to pay child support in Rochester and throughout New York. One of the most common reasons is if the non-biological father claimed paternity with the child and acted as the child’s parent, provided financial support, or acted as a caregiver for the child. This can also be the case if the father legally adopted the child.

Q: What Is the Paternity Law in the United States?

A: In the United States, if a child is conceived and born in a marital relationship, the husband is legally assumed to be the father. If a child is born outside of a marital relationship, the laws can vary from state to state. The laws will also vary if the paternity is questioned in a marital relationship.

Q: What Is The Order of Filiation in New York?

A: In New York, the Order of Filiation is a legal document issued by the court that establishes paternity of a child. This order declares the child’s legal father. It may also include provisions for child support, custody, and visitation. The Order of Filiation is typically issued after paternity has been established.

Q: How Do I Establish the Paternity of an Out-of-Wedlock Child in New York?

A: In New York, if a child is born out-of-wedlock, paternity can be established through voluntary acknowledgment of paternity (where both parents sign a form establishing paternity), genetic testing (also known as DNA testing), or a court order (where either parent can petition the family court to make a determination based on evidence).

Contact Trotto Law Firm P.C. Today

If you or someone you know needs assistance establishing paternity or with other paternity disputes, you don’t have to go it alone. Contact Trotto Law Firm P.C. today for more information.