You know you’re the father of your child. But because you and your child’s mother are not married, you are not automatically recognized as the legal father under New York law. If you’re in this situation, it’s critical to establish paternity to solidify your rights as the father. This step helps you maintain access to your child and decision-making power in their life.
When your child’s mother agrees with you, you can often establish paternity the same day by signing an Acknowledgement of Parentage at the hospital. But if you don’t agree, you’ll need to go through a court process to establish fatherhood, which could take months.
Why Establish Paternity?
You may not realize it, but you’re not recognized as the legal father of your child unless you’re married to the mother of the child at the time of birth or you take a formal step to establish paternity. Taking this legal step is critical in protecting your parental rights. Only once you establish paternity do you have a firm foundation for visitation and custody.
Moreover, confirming fatherhood also makes your child eligible for inheritance and certain benefits, such as health insurance or veterans’ benefits.
Once paternity is established and you obtain a court order for custody or visitation, the other parent generally cannot move away or significantly limit your contact without first seeking court approval.
When it comes to securing legal fatherhood, it’s always better to initiate the process sooner rather than later. The longer you wait, the harder it becomes to obtain custody or visitation rights. Courts make custody and visitation decisions based on the child’s best interest, and if they believe the child has gone years without you in their life, it’s more challenging to establish a parenting schedule.
Your child also benefits psychologically from knowing you earlier in their lives. This helps with their emotional well-being and developing a sense of identity.
How To Establish Paternity
In New York, there are two pathways to legally determine that you are the father of your child. Both routes will have the same legal effect once completed and filed. But the best option for your case will depend on whether or not you and the mother of your child agree on your parental status.
Acknowledgement of Paternity
When both you and the mother agree on your paternity, simply sign an Acknowledgement of Parentage, formerly called an Acknowledgement of Paternity (AOP), to legally establish you as the child’s father. Signing the AOP legally recognizes you as the child’s parent. You will have the rights and responsibilities that come with legal parentage, including child support.
These forms are provided and processed at no cost. You can sign the AOP form while at the hospital when the child is born, or later on at your local child support office or the Department of Social Services.
After signing, there is a 60-day window during which either parent can rescind the AOP. But after, it’s very hard to undo.
Court-Ordered Paternity
What if the mother of your child refuses to acknowledge your rights as the father? In this case, you can file a paternity petition.
First, you’ll file the petition with the court. Then, you’ll take a DNA test to help determine that you are the biological father. These tests are legally reliable and highly accurate.
Once the DNA test proves you’re the father and there is no successful challenge, the court issues an order of filiation. This legal document solidifies that you’re the father of your child, cementing your legal rights and responsibilities.
This option does come with potential costs. You might need to pay for the DNA testing, processing fees, and a birth certificate amendment. In the Rochester area, these costs typically range from approximately $50 to $600.
When going through a court process to prove paternity, it helps to bring any existing documents that show your connection to the child. This may include a copy of your child’s birth certificate, AOP paperwork, proof of child support payments, and any texts, emails, and photos that show involvement with your child.
Establishing paternity through the court can feel intimidating, but you don’t have to handle it alone. Michelle Cimino, a paternity lawyer with over 20 years of experience, helps fathers understand and preserve their parental rights. She will help you find the best route to affirming your rights as the father of your child.
Schedule a Confidential Consultation
When you establish paternity, you’ll have solidified rights and obligations as the father of your child. When you and the child’s mother agree, both of you can sign an Acknowledgement of Parentage. But if you disagree, you have the right to file a paternity petition in court and request genetic testing. Ultimately, both of these options legally grant you the same parental rights. You’ll be able to move forward knowing that you have a legal right to play a larger role in your child’s life.
Michelle Cimino is ready to support you and secure your parental rights. When you come in for a private consultation, she will help you understand the legal benefits of establishing paternity and how it will benefit your child.
Take the next step in establishing paternity. Schedule a confidential consultation.
