There are various ways of establishing paternity in New York State. If you are married to a person, there’s a presumption that a child born of the marriage is a product of the marriage. If a child is born to unmarried couple: a parent may have to sign an Acknowledgement of paternity in the hospital or file a paternity claim in family court.
Either parent may file a paternity petition in family court in order to establish that a father is a biological parent of a child. A DNA test may be ordered first in order to establish whether or not the child is biologically related. If the child and father are related as established by DNA test, the court may impose support obligations as well as set forth a custody schedule that impacts how much time each parent spends with the minor child. In addition, as paternity is established, a child may qualify to inherit from the father’s estate.
Milana Tepermayster, Esq