Paternity Lawyer in Rochester, New York
There are many reasons to enlist the help of a paternity lawyer in Rochester, New York. The main reason to do so would be to establish paternity for a child. To establish paternity means to create a legal declaration stating that you are the father of a child. This may be necessary to obtain parental rights and to ensure that your child is in a position to inherit your assets upon your death.
Do you need a Paternity Lawyer in Rochester, New York ?
It may seem like this process is simple, but it can actually become quite complicated, paternity lawyer in Rochester, New York can be helpful. If someone else believes they may be the father of the child, they have the option to take their case to court. In order to begin a paternity case, the presumed father must be notified that his paternity is being contested.
What If Parents Are Unmarried?
If a child’s parents are unmarried, they can still execute an Acknowledgement of Paternity to legally declare who the father is. This document is recorded alongside the birth certificate, and it is equivalent to an order of filiation, which is a court order that names a man the father of a child.
With an acknowledgment of paternity or order of filiation, and the help from paternity lawyer in Rochester, New York, a father gains custody rights, visitation rights, and the responsibility of paying child support.
What If Paternity Hasn’t Been Acknowledged Yet?
In many cases, a child’s father may be unwilling or unavailable to sign an Acknowledgement of Paternity. If they aren’t married to the mother, their legal paternity is not presumed either. Therefore, a petition to the family court system must be filed to establish paternity.
If both parties agree to acknowledge paternity for the child and all of the requirements are met, the court will provide an order of filiation to the person in question. If there is disagreement, further measures may be taken.
What If The Father Doesn’t Wish To Acknowledge Paternity?
In cases where a man is unsure or accepting of the fact that they may be the father of a child, the courts may request testing to verify paternity. DNA or genetic tests can be performed to establish paternity or rule out a person for paternity. If you are struggling to get the father of your child to acknowledge paternity, a paternity lawyer can help you get them to take a paternity test.
What Is Equitable Estoppel?
Before a paternity test can be ordered by the court, the issue of equitable estoppel must be explored. Equitable estoppel is considered when the best interest indicates that ordering a paternity test would be harmful.
For example, if a man has proved himself to be the father of a child by supporting, feeding, clothing, housing, and spending time with the child, they may be considered an estoppel father.
If someone else wishes to claim a biological interest in the child, the mother or someone else with interest in the case can attempt to prevent the paternity test. If estoppel is found to apply in a paternity case, the person in question will be declared the legal father of the child, whether they are the biological parent or not.
Estoppel cases can be incredibly complex, therefore it is important to enlist the aid of an experienced and knowledgeable paternity lawyer to ensure the best outcome for your case.
Call a Paternity Lawyer in Rochester, New York
If you seek to establish paternity for a child, Cimino Law is ready to assist you in your case. Our lawyers have handled many paternity cases of varying complexity; therefore we have the knowledge necessary to help your case go smoothly. To get started, fill out the contact form located at the bottom of this page.
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