Unwed Parents and Paternity
When unmarried parents choose to separate they
, as well as their children may face certain legal challenges that their counterparts from divorcing families often do not face. These challenges revolve around the establishment of Paternity, which must be established before a court can make any determinations regarding custody, visitation or child support. Moreover, establishment of paternity is necessary to establish the child's right of inheritance from the father and the right to recover state and federal benefits. In New York, there is a legal presumption that where the mother of a child is married, her husband is the child's legal father. Where a mother is unmarried, there is no such presumption regarding the child's legal father.
Where paternity has not been established, and is contested, the party seeking to establish paternity must begin a Paternity Proceeding. Such a proceeding may be commenced by the following parties: (1) the mother, whether or not she is a minor; (2) a person alleging to be the father, whether or not he is a minor; (3) the child; (4) the child's guardian; (5) another person standing in a parental relation or who is next of kin of the child; (6) any authorized representative of an incorporated society doing charitable or philanthropic work; (7) if the mother or child is, or is likely to become, a public charge on a county, city or town, a public welfare official of the county, city or town where the mother resides or the child is found. Generally a Paternity Proceeding must be commenced prior to the twenty first birthday of the child in question. Over the course of the proceedings, the parties may submit certain documents or call certain witnesses to offer testimony regarding whether or not the putative father or other men had access to the mother on or about the time of conception, whether and to what extent a putative father had provided support to the child in question and whether and to what extent a putative father may otherwise have held himself out as the father of the child in question. Medical records may be offered and DNA tests may be ordered as well.
The court must dismiss the petition if the court finds that the alleged father is not the child's father. There are other grounds based on which a paternity petition may be dismissed. Those grounds include: where the court lacks jurisdiction over the parties, a party lacks "standing", a claim is "time barred", or that the claim is barred by laches or equitable estoppel. Conversely, if the court finds that the alleged father is in fact the child's legal father, the court must enter an "order of filiation" declaring the man's paternity. Where paternity had not been previously established, this order must be obtained before a man can petition for custody or visitation regarding the child in question, as well as before a mother can petition for child support. Further, once paternity is established, the child in question becomes eligible to avail himself of the rights and benefits that flow there from, including but not limited to the right to inherit from the father.
THE FOREGOING IS NOT LEGAL ADVICE. It is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney Advertising.
Unwed Parents and Paternity
By: New York Courts FAQ
Parenting Assistance - Dealing With Temper Tantrums Toddler Snow Boots - A Parents Guide Parents Should Set The Limit How To Deal With Parental Stress Parenting Help In Louisiana: Dealing With Temper Tantrums Baby Potty Training: Parents Are Equally Involved Islam: Kindness to Parents and Orphans:Trust in God Tips to Help Parents Practice Proper Baby Skin Care Give A Special Gift To Your Elderly Aging Parents. Parental Discipline Made Easy Are ADHD Supplements A Treatment Option Parents Should Consider? Guidelines for Parents to Make the Right Choice of College The Origin And Life Of Parenthood Tv Show