If you are an unmarried father and the mother of your child is fighting to take away your paternal rights, it’s crucial to understand your legal options. Establishing paternity is advisable as it can grant you additional rights. Please continue reading as we explore how to establish paternity in New York and consult with a compassionate Nassau County Fathers’ Rights Lawyer for guidance during these difficult times.
How Can an Unmarried Father Establish Paternity?
To establish paternity in New York as an unmarried father, you can either voluntarily sign a Certificate of Parentage (COP) with the mother or obtain a court order through genetic testing. While the voluntary acknowledgment is a simpler process, a paternity establishment with the Family Court provides a legally binding determination of paternity.
If both parents agree, they can sign a COP, which establishes paternity and adds the father’s name to the child’s birth certificate. This is generally the simplest and quickest way to establish paternity. However, if the father doesn’t agree or if the mother refuses to sign a COP, they can file a petition for paternity. An accredited laboratory will analyze a DNA sample. A match of 95% or higher will typically confirm biological fatherhood under the law. You should note that at-home DNA tests are not usually accepted due to potential inaccuracies and the unsecured environment.
Regardless of the method, formally establishing paternity will provide clarity and legal certainty regarding the father-child relationship. This will safeguard the rights and interests of both the father and the child.
Why is It Important?
Establishing paternity is crucial for several reasons. After legal paternity is established, an unmarried father is afforded the same rights and responsibilities as a married father. This allows an unmarried father to petition the court for custody, visitation, and to participate in decisions about the child’s life, including education, medical care, extracurricular activities, and religious upbringing.
In addition, paternity is necessary for enforcing child support obligations. It ensures the child receives financial support from the father. Without established paternity, child support cannot be ordered. Establishing paternity is also vital as it can ensure the child has access to their employer’s health insurance, potential Social Security benefits, and inheritance rights.
Furthermore, establishing paternity provides the child with a link to their father’s lineage, which is crucial for the child’s medical care and understanding of family history. Nevertheless, it’s important to keep in mind that the court prioritizes the best interests of the child when making decisions about custody and visitation. By establishing paternity, it will ensure the father’s rights are considered in these decisions despite not being married.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to ensure the legal system doesn’t take advantage of your rights as an unmarried father. Our firm can help you navigate these complex matters as smoothly as possible. Connect with our firm today to discuss your legal options.
