Establishing or Challenging Legal Fatherhood in New York

Establishing legal paternity is a critical first step in many family law matters including child support, custody, visitation, and inheritance. Whether you are a mother seeking support, a father seeking custody rights, or a party disputing a claim of parentage, paternity affects your legal rights and responsibilities in profound and lasting ways.

At Cohen Stine Kapoor LLP, we represent clients on both sides of paternity cases, helping them navigate the legal process with clarity, discretion, and strategic focus.

Why Is Paternity Important?

Legal fatherhood carries both rights and obligations. Once paternity is established, a father may be entitled to seek custody or visitation, but he may also be required to pay child support. For the child, legal paternity can ensure access to important benefits, such as:

• Financial support

• Health insurance

• Inheritance rights

• Social Security or veterans' benefits

• Medical history from both sides of the family

• Without a legal determination of paternity, a child may not have access to these benefits.

How Is Paternity Established in New York?

There are two main ways to establish paternity in New York:

• Voluntary Acknowledgment of Paternity (VAP):
If the parents are not married at the time of the child’s birth, they can sign a Voluntary Acknowledgment of Paternity form, usually at the hospital or later through the birth registrar or court. This creates a legal parent-child relationship and is binding unless challenged within 60 days or under special circumstances.

• Court-Ordered Paternity Proceedings:
If there is a dispute about paternity, a case may be brought in Family Court or Supreme Court. The court can order genetic (DNA) testing to determine biological parentage. If the results confirm paternity, the court will issue an order of filiation, which legally declares the man to be the father.

Who Can File a Paternity Petition?

• Paternity cases can be initiated by:

• The child’s mother

• A man who believes he is the father

• A man who denies paternity

• The child (through a guardian)

• The New York State Department of Social Services (if the child receives public assistance)

Challenging Paternity

There are legal mechanisms for disputing paternity, especially if the alleged father believes he is not the biological parent or has been misled. Timing is critical in these cases. Once paternity is established, reversing that determination can be difficult, particularly if the child has already developed a relationship with the person as their father.

Our attorneys can evaluate your case, explain your options, and represent you in proceedings to challenge or disestablish paternity where appropriate.

Paternity and Custody or Support

Establishing paternity is often just the beginning. Once legal parentage is determined, the court can address related issues such as:

• Child support obligations

• Parenting time (visitation)

• Legal and physical custody

• Medical and childcare expenses

We represent both mothers and fathers in these follow-up proceedings and work to ensure that the outcome supports the child’s welfare and protects our client’s rights.

Contact Our Lawyers Today

If you need to establish or contest paternity in New York, contact Cohen Stine Kapoor LLP. With decades of experience in complex family law matters, our attorneys provide the skilled and compassionate advocacy you need to move forward with confidence.