Paternity Disputes
Dedicated Family Attorney in Suffolk County
Establishing paternity is often a prerequisite to obtaining orders for child support on behalf of a single mother. It may also be an issue under fathers' rights for men who wish to take responsibility for and play a major role in the lives of their children.
If you need legal assistance with establishing or denying paternity, it is recommended that you contact attorney Lynn Poster-Zimmerman to discuss your case. With decades of experience in family law, our knowledgeable firm can provide effective and thorough legal help with this issue.
Paternity Cases
When paternity is established for a child, it allows for much more than merely child support payments.
The child gains other benefits, including:
- The right to know who his or her father is
- Ability to have an emotional bond with a father figure
- Legal benefits such as potential death benefits through social security or Veteran's benefits
- Access to the father's medical history, relevant information for the child's future health
For a lot of single mothers, their goal in establishing paternity is to get financial support for their child. It can be challenging to take care of children in the State of New York with the high cost of education, health care and general necessities. It may also allow mothers to share the responsibilities associated with their child such as appointments, sports, and taking them to school.
It can prove highly beneficial to the father in the situation if they desire to have a relationship with their child. Otherwise, it may seem daunting to take on the job of a father. Either way, it is vital that you have an attorney at your side to guide you through the legal process and make everything crystal clear. The last thing you want is to end up with certain payments and duties that you are not prepared to handle.
Establishing Paternity
In order to establish paternity, a father can voluntarily acknowledge his parenthood through acknowledgment documents. If the father does not do this, the mother may pursue paternity establishment through the court system. The primary way to show non-paternity in a conclusive way is through DNA testing. In cases like this, the alleged father as well as the mother and child must submit to genetic testing. If the test results determine that the man is the biological father of the child, then paternity will be recognized as a legal factor.
Such testing can determine paternity with 99 percent accuracy. However, there are other legal means to prove or disprove paternity, such as through equitable estoppel. This is a legal concept whereby the father may be deemed to be the legal father if he has established a relationship with the child, who believes him to be his father. This is a highly technical legal argument requiring the expertise of an experienced family law attorney.