New York Paternity

Posted by admin on April 27th, 2006

In New York as long as the child is born to married couples, the husband is presumed to be the biological father. The other two ways in which paternity can be established in New York is the proper filing of an acknowledgment of paternity and by the order of the court.

If the husband in a marriage does not believe he is the father of the child he also has rights and can file for paternity tests through the court. He should not sign any papers agreeing to be the father and should talk with an attorney to find information concerning his legal rights and how to proceed.

When it comes to the court proceedings to determine paternity, the parents have an option to agree with an order of paternity. When both parties agree to the fatherhood, no other testing needs to be done and the alleged father now becomes the legal father of the child. This is a very hard order to fight later on down the road if either parent changed their mind about parentage, unless through genetic testing the true biological father is found.

If either party does not agree that the alleged father is the biological father, the court can order DNA testing to be done. Then the parents will be able to have the option again to agree with an order of paternity or ask for a hearing if they disagree with the order to be tested. If the test results come back with a 95% probability New York presumes this man is the biological father of the child. The alleged father can still fight this in court if he has evidence that he could not be the biological father.

Just because a DNA test is done, it can not show 100% proof that the alleged father is the biological father. But, trying to fight these findings can be very hard to disprove unless the alleged father can prove he was no where in the area to be the father or if he is sterile and was sterile at the time the mother became pregnant. Trying to disprove paternity after a 95% percent probability can also be very expensive.

If the alleged father has already stated in other court documents or proceedings that he is the father then he will not be able to deny paternity. Even his actions and statements of being the father can hold him legally responsible for the child.

In order to file a paternity case, the Statute of Limitations states under Article 5 is any time while the mother is pregnant, after the child is born up to age 21 unless he has paid support or has acknowledged paternity.

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