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by josephnivin As every parent knows, it is impossible to work together without trust. Custody litigation, by its nature, eliminates trust — to the detriment of the children. The most basic reason why the current system for resolving custody issues is so bad for children is perhaps the hardest to cure. When parents are breaking up, many assume that they will go to court and that a judge will decide who gets custody. The better alternative is not as well known. Mediation helps people to decide, between themselves, how they will raise their children even though they will no longer be in a relationship with each other. Unfortunately, rather than seek a mediator, many people currently go to court first. Even when people go to a mediator first, when it becomes too difficult, many then go to court, which they see as the “default” simply because it’s a better-known forum. So why is litigation so much worse than mediation? First, litigation is scary, and fear leads to anger. Anger leads to the “fight or flight” response, and the fear of fighting over children in court intensifies anger that already exists. Even getting served with a petition that lists your ex as a “petitioner” and you as the “respondent” is enough to make your blood boil. Once in court, if your child is old enough to express opinions on the application for custody or visitation (in the judge’s opinion, sometimes as young as four), then your child will be assigned an attorney — an attorney who you do not know from a hole in the wall. That attorney has to interview your child outside of your presence. If the attorney determines that your child is unable to use independent judgment to decide what he or she wants, then that attorney — who may or may not be a parent or have any knowledge about child development — has to take a position based upon his or her own opinion about what is in your child’s best interests. Parents have no say at all in the position that the attorney takes. If the attorney determines that your child is able to exercise independent judgment about his or her position in the case (which usually translates as the child being at least seven years old), then the attorney must, except in very unique circumstances, advocate for what your child wants. If your child is 12 and you don’t let the child use social media, but your ex does, and your child wants to live with your ex for no other reason, then the attorney has to advocate for your child to live with your ex. While the attorney for the child’s position does not take away the judge’s ability to decide otherwise, the position of the attorney for the child is very important — even if the position is based upon nothing other than the child’s wants. Unless you qualify for assigned counsel, you and your ex will pay for the whole show. You may even be ordered to pay for the attorney for the child, even if that attorney bashes you in court. You may also have to pay for a forensic evaluation, where a psychologist evaluates you, your ex, and even your child, to help the court to come to a determination. Custody cases can, and do, bankrupt people. The only way to limit the expense of any litigation is to settle the case. As you can see, the very nature of custody litigation creates such animosity that it makes settlement progressively more difficult. The easier, softer way is to try to come up with an agreement with your ex about custody issues before going to court. This may be no easy feat, and it may be extremely frustrating. However, for the reasons that you have already read, it is probably easier than litigation. This does not apply in cases where there is serious domestic violence, child abuse or neglect, or parental alienation. If I have convinced you to talk to a mediator, please do your homework before hiring one. Not all mediators are lawyers, and even those who are can’t give you legal advice. A lawyer can advise you about whether the settlement options being discussed in mediation are fair, and more importantly, whether they are likely to give you a good future. We can also advise you about any issues that should have been discussed that were missed, and whether the proposed settlement has “holes” that leave you vulnerable to future litigation. Do you have any questions about your custody case? Don’t hesitate to reach out to me with your questions or concerns. Stay tuned for the next installment of my “Just the Facts” blog series on important family law matters. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin I have spent most of my career in New York’s Family Court system. I’ve had many people come into my office for consultations who are cynical “veterans” of the system, and others who tell me that they have heard “horror stories.” This series will describe the reasons why the Family Court system generates such visceral reactions and the role that attorneys can play to generate better results. One area that causes serious resentment in Family Court is child support. As one wise attorney said, “In the worst-case scenario, they feel like they’re getting robbed. In the best-case scenario, they feel like they’re paying taxes.” Why does paying child support feel so different from just buying things for your children? The answer lies in the structure of child support payments. Parents are sued for it. Getting served with papers — papers filed by the other parent of your child (the petitioner) against you (the respondent) — creates an atmosphere where it is easy to forget that the money is for your children’s basic needs. Another thing to consider is that the system actually discourages people from waiting to file for support. Most matrimonial attorneys tell people to file as soon as possible because child support orders are retroactive to the date of filing — meaning that if you try to work something out without going to court, can’t come to an agreement, and then file, the recipient spouse can’t recover any money from before the date that he or she filed. The child support system is rough on people paying it at all stages. The first calculation is for “basic” child support, which is supposed to be for basic needs like food, clothing, and shelter. Basic child support is calculated based upon a percentage of combined parental income up to a “cap” that is periodically adjusted (as of 2020, $154,000.00). Anything above the “cap” is based upon the needs of the children. The amount in basic child support to be paid is based on a percentage of the paying spouse’s income. 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% and above for five or more children. The only taxes that are taken out are FICA taxes (Social Security and Medicare) and New York City taxes. Therefore, when they calculate these percentages, it’s before, not after, you pay federal and state income taxes. What happens if the court finds that the non-custodial parent didn’t pay, but really couldn’t? The court still will issue a money judgment, which will ruin the non-custodial parent’s credit, and can lead to wage garnishments, liens on real estate, etc. This is in addition to possible administrative remedies, which the state can do without a court order if the non-custodial parent falls behind on child support. Those remedies include suspensions of driver licenses, suspensions of recreational licenses, and revocations of passports. They can even ask for professional licenses to be suspended. Attorneys have had their law licenses suspended for falling behind on their child support. Policy changes are sorely needed. Courts should have the freedom to forego issuing money judgments when people are unable to pay their child support through no fault of their own. One way to avoid the courts is to work with a mediator who is trained in non-adversarial techniques for reaching agreements. By doing so, each couple can customize their agreements to fit with the situation “on the ground,” like an income that varies with the seasons. If you would like to know more about mediating child support agreements, contact me. Stay tuned for more posts on “just the facts,” looking at other essential components of family court and law. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin What is included in an order of child support? Basic Child Support Basic child support is meant to provide for a child’s basic needs, including food, clothing, shelter, and school supplies. The amount of support is calculated via a formula based on the parents’ incomes and how many children there are. Some issues we encounter when determining the base of child support obligation: The Cap If the combined parental income is above the cap, which is $154,000 as of April of 2020, anything above the cap is based upon the needs of the child, which is determined by the child’s standard of living. What if the non-custodial parent is self-employed? Often a self-employed parent will not include some personal expenses they write off as business expenses when reporting their income. If the court finds the parent has failed to provide a credible account of their income, the court may actually base the entire order (not just the part of the order based upon income above the cap) on the needs of the child rather than the reported income of the parent. When might the court deviate from the formula? The formula may not always be applied to a T.  If one parent makes significantly more than the other parent, if the non-custodial parent has another child at home that he or she is also responsible for supporting, or if, for example, the non-custodial parent has high student loan payments but that education has enabled them to make a higher income, then the court may “deviate” from the formula, meaning that the court may issue an order of basic child support that is different from what the formula would call for. Unreimbursed Medical Expenses Each parent will be ordered to pay for any unreimbursed medical expenses, generally based upon each parent’s pro rata share of the combined income. This means that the parent who earns more will probably have to pay more of the unreimbursed medical expenses than the parent who earns less. Child Care The court has to order the non-custodial parent to contribute child care expenses if that child care is necessary to enable the custodial parent to work or go to school. Educational Expenses If your children attend private school, the court may or may not order the non-custodial parent to contribute to tuition. Also, the court may or may not order the parents to contribute to the child’s college expenses. In New York, child support generally continues until the child turns 21, but the parents may agree for child support to go until the child turns 22 if the child is still enrolled full-time in school. Child support might end before the child’s 21st birthday if the child is emancipated. Generally, that means the child is self-supporting; for example, if the child enlists in the military. Every case is unique. If you want more information about your case then please call my office and schedule a consultation. I look forward to helping you out. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin If you are not receiving the child support awarded to you by a court, the first step to take is to use administrative remedies. Staying Out of Court Administrative remedies are actions you can take that don’t require you to go to court. For example, if the order is for direct pay (payments made directly to you via check, paypal, or any other method), you can apply for Child Support Enforcement Services. The state will help you collect your child support.  The following are actions that the Support Collection Unit can take to get the money to you: suspend your ex’s driver’s license suspend your ex’s recreational licenses garnish your ex’s paychecks freeze your ex’s bank accounts When Court Is the Only Option What if the above administrative remedies do not work? In that case, court is the only option. In most situations it will be Family Court. In some rare cases, your divorce judgment may require you to go to Supreme Court in order to enforce or modify any orders. What can Family Court do? In order for the court to act, you will need to prove that your ex has willfully violated the order of child support. That requires proof that there is an order in place for child support which has gone unpaid. Your ex will then have to prove that he or she could not comply with the order, which is hard to do. When You Win… Once you win in court, the court will issue a money judgment, which is an order saying that you’re entitled to get the child support money that is owed to you. In some cases, a money judgment may not work. For example, your ex may have no assets or may work off the books.  Maybe this isn’t the first time you’ve gone after your ex for back child support. In those cases, the court may actually send your ex to jail. If he or she is sent to jail, a purge amount, also known as an undertaking, will be set. This is like bail for child support; the court will determine a certain amount of money that must be paid towards the child support for your ex to get out of jail. Additionally, the court will order your ex to pay at least some of your counsel fees.  In most cases, assuming that your ex was found to have willfully violated the child support order, the court will order your ex to pay all of your counsel fees. Every case is different and every case is unique. If you are forced to go after your ex for child support, I encourage you to call my office at (347) 642-0376 and/or visit my website at www.nivinlaw.com. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin How to Fight an “Indicated” Finding from Child Protective Services (CPS) Receiving an “indicated” letter from Child Protective Services (CPS) can be a distressing experience. This means CPS has concluded its investigation and determined there is credible evidence of child abuse or neglect. If you've received such a letter, it's crucial to take immediate action to challenge the finding and protect your future. What an "Indicated" CPS Finding Means An indicated CPS report can have serious consequences, including: Employment Restrictions: It may prevent you from working in child care, education, or other professions involving children. Adoption & Foster Care: You could be disqualified from adopting or fostering children. Immigration Status: It may negatively impact your immigration applications or status adjustments. Custody Disputes: A CPS finding can be used against you in a child custody battle, affecting your parental rights. more Understanding CPS Investigations CPS investigations typically begin when a report of suspected child abuse or neglect is made. The investigation process may include: Interviews with the child, parents, and other household members. Home visits to assess the living conditions. Review of medical, school, and daycare records. Consultation with professionals such as doctors, teachers, and social workers. CPS can reach one of the following conclusions: Unfounded: No credible evidence of abuse or neglect was found. Indicated: There is some evidence supporting the claim, though it does not necessarily mean a criminal charge. Substantiated: The evidence strongly supports abuse or neglect, which may lead to further legal action. Steps to Challenge an "Indicated" CPS Finding If you've received an indicated letter, you have the right to appeal the decision. Here’s how we fight for you: 1. Request an Amendment The first step is to request an amendment from the State Central Register (SCR) to change the finding to "unfounded." While this request is often denied, it is a necessary step in the appeals process. 2. Request a Fair Hearing If the amendment request is denied, your case will be sent to the Bureau of Special Hearings. At this hearing: CPS must prove that abuse or neglect occurred. We will present evidence and witness testimony to challenge their claims. If we demonstrate that the allegations do not pose a risk to children, your record can be sealed, preventing it from affecting your employment or personal life. 3. Take Proactive Steps While waiting for your hearing, it may be beneficial to complete parenting classes, counseling, or other services that demonstrate your commitment to child welfare. Even if CPS proves its case, we can argue that past incidents do not make you a present or future risk to children, strengthening your appeal. Your Legal Rights During a CPS Investigation As a parent or guardian, you have rights during a CPS investigation, including: The right to be informed of the allegations against you. The right to refuse entry to your home without a court order. The right to consult with an attorney before speaking with CPS. The right to request copies of records related to your case. Understanding and asserting your rights can make a significant difference in the outcome of your case. How an Indicated Finding Affects Different Aspects of Life Beyond employment and custody disputes, an indicated finding can: Affect professional licenses for fields such as healthcare and social work. Limit volunteer opportunities at schools, churches, and community organizations. Remain on record for years, impacting future background checks. Success Stories & Case Examples Many individuals have successfully fought and overturned an indicated CPS finding. For example: A mother falsely accused during a contentious divorce was able to have her record cleared after presenting evidence that the allegations were unsubstantiated. A daycare worker faced allegations from a misunderstanding but successfully appealed with strong character references and legal representation. A father wrongly accused due to a misinterpretation of discipline practices had his case overturned through expert testimony. FAQs About CPS Indicated Findings Q: Can an indicated finding be expunged? A: Yes, if you successfully appeal the decision or after a certain period, depending on state laws. Q: How long do I have to appeal? A: The deadline to request a fair hearing varies by state but is typically within 90 days of receiving the indicated letter. Q: Do I need an attorney to fight an indicated finding? A: While not required, having an experienced attorney significantly increases your chances of successfully overturning the finding. Why Choose Us to Fight Your CPS Case? I have firsthand experience working as an attorney for the Administration for Children’s Services. My background allows me to anticipate CPS strategies and build a strong defense for my clients. I understand the legal system inside and out, and I am committed to helping you clear your name and move forward. Schedule a Free Consultation Today If you’ve received an indicated letter from CPS, don’t wait to take action. Call my office today to schedule a free 30-minute consultation. Let’s discuss your case and start the process of clearing your name. Contact Us Now! dule a free half-hour consultation. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

On Behalf of The Law Offices of Joseph H. Nivin, P.C. My office often gets calls where people ask (not an exact quote), “Every time I go to court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.” You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children. There are only two ways that cases can end: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement. Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live. Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common in cases where everybody knows who is getting custody for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case. If you have a custody case, don’t hesitate to call our offices at (347) 642-0376, or to contact us on our website (www.nivinlaw.com), to schedule a free thirty-minute consultation. We look forward to helping you out. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220 Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

On Behalf of The Law Offices of Joseph H. Nivin, P.C. “Why are they always talking about my ex’s visitation, but never about me getting custody?” My office often gets calls where people ask (not an exact quote), “Every time I go to court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.” You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children. Child custody cases end in two ways: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement. Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live. Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common, in cases where everybody knows who is getting custody, for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case. If you have a custody case, don’t hesitate to call our offices for a free 30 minute consultation. (347) 642-0376. We look forward to helping you.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. While a parent’s hope is that after a custody and parenting time schedule is agreed upon, litigation is over. Unfortunately, to enforce or modify the order, going back to court is unavoidable. One parent may want to change the schedule.  A parent may be frustrated because the other isn’t living up to the agreed-upon terms. A family lawyer or a child visitation lawyer can help. “Heated arguments over parenting time are not healthy for anyone, especially the child who suffers the most,” says family lawyer Joseph H. Nivin. “All too often feelings erupt when the custodial parent feels the child is not being properly cared for during parenting time, when a parent is late, or a parent keeps the child longer than agreed upon.” In New York, either parent, siblings and half-siblings and grandparents can ask for visitation.  However, grandparents face hurdles that parents do not when they seek time with the children over the objection of a parent. Family law courts use the “best interests of the child” standard to settle child visitation disputes. The first step toward obtaining a child visitation order will depend on whether the parties are already involved in a family law case or need visitation modification. In either case, your family lawyer will prepare a petition for visitation to present to the court. Here are a few factors the court considers when deciding on a visitation case. Parent’s relationship with the child Home environment Any disruption that the requested schedule would impose upon the child’s education The child’s overall physical, emotional and developmental well-being If you have not established a case, the parent seeking visitation must initiate one. When the parents are married, visitation can be requested as part of a divorce.  However, if you are the father, you were not married to the mother at the time of conception or birth, and you did not sign an acknowledgement of paternity, you probably have to establish paternity before the court can issue orders of parenting time. Remember it’s against the law to deny a parent visitation that has been ordered by a court even if the other parent is late to visits or not paying child support. Instead of engaging in “self-help,” if you want to enforce an order of child support, then speak with an attorney about filing a petition to do so. Need more info? Contact Us

On Behalf of The Law Offices of Joseph H. Nivin, P.C. There are several names of lawyers who represent minors in Family Court. Many times they are referred to as a child lawyer or a child advocate lawyer. However, under Family Court Act 241, an attorney for the child (AFC) is a court-appointed attorney who is assigned to represent a minor to “help protect their interests” and to “help them express their wishes to the court.” They are dedicated to making sure the minor child of those involved in divorce, guardianship or custody negotiations are treated fairly. He/she will take steps to get to know the child and to evaluate the child’s situation. The attorney for the child must act in a way that is consistent with legal practice, and should not try to be the child’s social worker, or psychologist. The appointed attorney is subject to the ethical requirements that apply to all attorneys, which include but are not limited to: client confidentiality (meaning that the attorney can’t go gossiping about what the child said), checking for conflicts of interest (the attorney can’t represent the child if the they once represented one of the parents, for example), and becoming a witness in a proceeding (which the attorney cannot do). Like with any client, the child is entitled to independent and effective representation. The attorney must consult and advise the child regarding the proceeding, and maintain contact with the child in case any concerns arise. It is important for the attorney to be able to maintain contact with the child in order to best represent their interests. If the child has the capacity to understand the situation and make a decision for him/herself, the attorney should follow the child’s position, even if the attorney does not believe that the child’s wishes are not in his/her best interests. The attorney should discuss the options available to the child and give legal advice, but at the end of the day, if the child has the capacity to understand and make a decision, the attorney must advocate for the child’s position. If the attorney for the child believes that the child does not have the capacity to make a decision, or that the child’s wishes are likely to result in a substantial risk of imminent, serious harm to the child, the attorney can advocate for a position that is different from the child’s wishes. The attorney will want to see your child or children alone. This can be unsettling, but just as you have the right to meet with your own legal counsel alone, your child has the same right. If you have a case where a attorney for the child has been appointed, it is crucial to make a good impression. Some things not to do: Don’t flirt with the attorney for the child. Don’t call the attorney for the child an “a**hole.” Don’t accuse the attorney for the child of corruption, bias, etc. Don’t coach your child on what to say, especially not in front of the attorney for the child or his or her colleagues. Disclaimer: All of the above are true stories. I’ve seen most of them with my own eyes, and when I haven’t, friends have told me about them. Family matters can get complicated, especially when children are involved. If you need any legal assistance regarding a family court proceeding or a matrimonial matter, please contact The Law Offices of Joseph H. Nivin, P.C. to ensure that your interests are being heard!

On Behalf of The Law Offices of Joseph H. Nivin, P.C. No two child custody cases are the same as everyones relationships are different. An experienced family lawyer or child custody lawyer will advocate or defend for your child or children’ wishes. A good lawyer will listen and can help your whole family through this emotional process. What does a child custody lawyer do? A child custody lawyer will create and negotiate agreements between divorcing, divorced, separated or non married parents. He or she will help you decide on where the children will live and a visitation schedule. A child custody lawyer works generally with children seven years of age or older who do not have significant disabilities. However in some cases a custody lawyer can work with younger children. A child custody lawyer is independent of the Court and has the same relationship with your child or children as you do with them. They will communicate directly with your child to answer their questions and prepare a case in their best interest. It’s important to have a good working relationship with your lawyer as it can effect the outcome of your case. Reply with the documents requested by the legal office and in a timely manner. The longer the case, the more money it will cost you. Being organized and a good communicator will help in the long run. Your family lawyer will help you understand the differences between physical, legal, sole and shared custody. Contested cases happen when parents disagree. Sometimes parents start out with a simple case that becomes complicated along the way. A family lawyer plays an important role to advocate for the children and provide guidance for parents. The Court generally favors when both parents are involved in the child’s well-being and care. For more information Contact Us

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Guardianship vs. custody are legal terms that may be used interchangeably. However, there are specific and clear differences between the two. Guardianship: An order of guardianship provides an adult with the legal power to make decisions for another person, usually a minor or an adult who is unable to make decisions independently. A person may act as a guardian for a person or that person’s property. Guardians may be appointed by the Family Court, Supreme Court, or by the Surrogate’s Court. If the minor is over first (14), consent from the child is required. An order of guardianship as it pertains to minors lasts until the minor turns twenty-one (21) years old and is usually final. Custody: In contrast, a custody order designates an adult to be the primary caretaker of a child. There is physical custody, which is used to determine who the child lives with and whose address is used for the child’s school, and there is legal custody, which allows the adult to make life decisions for the child. Parties can share legal custody (“joint custody”), which means that the parties (usually the parents) make decisions together.  In such a case, the court may designate one party to have “final decision-making authority” if the parties cannot agree about a major decision. Visitation: Moreover, custody petitions are also used to establish visitation between non-custodial parents, grandparents, and siblings and the child.  (Grandparents have to first establish “standing” to obtain an order of visitation over the objections of a parent.)  Custody cases are heard in Family or Supreme Court and the child’s best interests are paramount. The Court will take into account the relationship of the parties with the child and aim to maintain a consistent quality of life for the child. Custody orders can be modified based on the circumstances of the family. If you are seeking legal assistance in a custody or guardianship case, Contact us. Blog written by Louise Lingat, Law Offices of Joseph H. Nivin, P.C.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Written by Louise Lingat Paternity establishment is the process for determining the legal father of a child. Every child has a biological father, but if a child is born to parents who are not married, the child does not have a legal father, unless the father signed an acknowledgement of paternity (usually in the hospital), or signed up with the putative father registry. Otherwise, for a child to have a legal father, paternity must be established. 1. I am not married and I have a child. I know who the biological father is. How do I establish paternity? There are three ways to establish paternity for parents who are not married. The father may sign a voluntary acknowledgement of paternity or register with the putative father registry. If the father did neither, and the mother wishes to establish paternity, then the mother has to file a petition in court. 2. What are the benefits of establishing paternity? Establishing the paternity of a child allows the child of unmarried parents to have the same rights and benefits of children of married parents. These benefits include: Father’s name on the birth certificate Medical insurance from the father Financial support, which includes Social Security, child support and inheritance rights. Paternity allows the legal father to seek custody and parenting time of the child. 3. If my child’s father does not sign an Acknowledgement of Paternity, how can the court establish paternity? For the court to establish paternity, a paternity petition must be filed in Family Court. The petition may be filed by the mother of the child, by a man who believes he is the father of the child, by the children themselves, or by the child’s guardian. Once a petition is filed, the petition and summons must be served upon the respondent. If you need any assistance in establishing paternity, please contact us. Sources: NYS DCSE | Paternity Establishment, https://www.childsupport.ny.gov/dcse/paternity_establishment.html