Challenging Paternity: What Are My Options?

Paternity can be a sensitive subject, but it’s essential to be clear on this issue. Legal recognition of the father can have implications for custody, child support, and visitation. Challenging paternity in Forest Hills, NY is a complex area of law that typically requires court action. An experienced paternity lawyer can let you know what to expect and represent your rights throughout the process. 

Challenging Paternity in Forest Hills, NY: What Are My Options?

When a couple are married, New York assumes the man is the biological father of any children, unless proven otherwise. If the couple are not married, the man may sign an Acknowledgment of Paternity, typically when the child is born.

There may also be an order of filiation. This is a court order that establishes a man as the father in cases where he is not married. When there is agreement between both parents that the man is the father, no further evidence may be required for the order to be granted.

Who Can Challenge Paternity?

If you don’t believe you are the biological father, you will need to file a paternity petition through the court. Only certain people can file a paternity petition in New York, namely:

• The mother
• The alleged father
• The child’s guardian
• The child
• Social Services

What Is the Process for Challenging Paternity in New York?

To challenge paternity, you must file a petition with the Family Court setting out your reasons for making the request. The court will expect you to have clear and convincing evidence that you may not be the father. A paternity test will not be granted on a whim. Legal representation is essential to ensure your rights are protected and your paternity petition is granted.

If the court agrees to your request, a DNA test will be carried out. The court will then reconvene to consider the results. This will include whether to allow your name to be removed as the father if the DNA test is negative.

Can Paternity Always Be Challenged?

The courts will always center the needs of the child, even if paternity is in question. This means they may not grant your request for a paternity test if it would cause psychological distress to the child. Some of the factors the court will consider include:

• The length of your relationship with the child
• The nature of your relationship
• Whether disruption to this relationship would be harmful
• The timeliness of the request
• Reasons for filing the petition

If the court believes that a paternity test would cause significant harm to a child with whom you have already formed a parental bond, your request may not be granted.

Consult a Paternity Lawyer Today

The complexity of the laws surrounding paternity means that it’s critical to seek legal advice promptly. There may also be time restrictions, especially if you signed a voluntary Acknowledgment of Paternity. An experienced paternity attorney will be able to determine if any exemptions apply, such as undue pressure to accept paternity. Once they have assessed your circumstances, they can put your strongest case to the court.

We understand the unique challenges surrounding paternity law and can help you secure a fair outcome. Contact us today at the Law Offices of Joseph H. Niven, P.C. in Queens, NY to schedule a no-obligation appointment. 

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