Any man who wishes to prove paternity must contact a Family Court Lawyer on Long Island to begin these proceedings. Unless he receives a written statement from the mother identifying him as the father, he is required to petition the court to request a court order to establish paternity. Once established, the father has legal rights and responsibilities to the child. The court can provide visitation rights and order that he pays child support to the mother.
Changes in Paternity Laws
Prior to 1997, an unwed mother could prove paternity initially by placing the father’s name on the child’s birth certificate. Changes that occurred within New York state law after this time prevent the mother from listing the father’s name on the document. The state laws require that unwed mothers establish paternity formally through the family court before the father’s name is added.
These prohibitions eliminate the possibility for unwed mothers to acquire state or government-based child support in the father’s name unless legally acknowledged in court. These programs are designed to lead-up to a court order for child support once paternity is established. Consistent abuse of these programs has proven the need for further measures to ensure a legitimate claim. Mothers who wish to establish paternity for these purposes can do so through a Family Court Attorney on Long Island.
However, if the biological parents wed after the child is born it legitimates paternity under New York Domestic Relations, Article 3-Section 24. The Nassau County Health Department can amend the child’s birth certificate after the couple provides a case worker with a valid marriage certificate, according to New York Public Health Law 4138 or New York Code Section 4138. The parents retain the right to choose whether or not they wish to change the child’s last name. For Family Court Lawyer visit The Law offices of Mitchell M. Shapiro PC
After Paternity is Established
Once the child’s paternity is established in court, the father is required to support the child until his or her 21st birthday. He has the right to refuse adoption by a step-parent. The legally established father additionally has the right to seek child custody if he prefers. Any parent who requires legal assistance after paternity is recognized in the court of Nassau County should acquire a Family Court Lawyer on Long Island to represent them.
