Family Lawyer in NY : Paternity Suit Guide

Paternity refers to the legal recognition of a man as the father of a child. In New York, paternity can be established for children born to unmarried parents, and the process creates a legally binding parent-child relationship. Once paternity is established, the father may be required to pay child support, and he gains rights to custody and visitation. The mother may seek child support from the alleged father, and the child gains inheritance rights and access to the father's medical history. A family lawyer in NY can explain how paternity establishment affects your specific situation.

While paternity suits focus specifically on establishing biological parentage and support obligations, they differ from divorce cases, which dissolve a legal marriage. Paternity cases do not require the parties to have been married, though they may involve custody and visitation disputes similar to those in divorce proceedings. Additionally, paternity cases often address financial support through child support orders, which may be modified over time based on changed circumstances. Understanding these distinctions helps clarify the scope of your case and the remedies available to you.

New York has multiple Family Courts located throughout the state, including courts in each county. The New York County Family Court in Manhattan, Kings County Family Court in Brooklyn, and Queens County Family Court serve their respective regions. Each court follows the same statutory framework under New York Family Court Act but may have local rules and administrative practices. The court that has jurisdiction over your paternity case is typically determined by where the child lives, where the alleged father lives, or where the parties agree to litigate. Your family lawyer in NY will determine proper jurisdiction and file your petition in the appropriate court to ensure the case proceeds efficiently.

To initiate a paternity suit in New York Family Court, you must file a Petition to Establish Paternity along with supporting documentation. The petition must include the child's name, date of birth, the alleged father's name, and the basis for seeking paternity establishment. New York law requires service of the petition on the respondent, and the respondent has an opportunity to respond within a specified timeframe. Court hearings are typically scheduled within 30 to 60 days of filing, though this may vary by county and court workload. A family lawyer in NY will prepare all necessary documents and ensure compliance with filing deadlines and procedural rules.

New York recognizes DNA testing as the gold standard for establishing paternity. Testing is conducted by certified laboratories and must meet strict accuracy standards under state regulations. A DNA test showing a 99 percent or higher probability of paternity is typically considered conclusive evidence in New York courts. If the alleged father refuses to submit to testing, the court may draw an adverse inference and find paternity based on other evidence. Your family lawyer in NY will explain the scientific basis for DNA evidence and how courts interpret test results in your specific case.

In cases where genetic testing is not possible or is inconclusive, New York courts may consider other evidence to establish paternity. This evidence may include testimony from the mother and alleged father, evidence of cohabitation and a romantic relationship, evidence that the alleged father held the child out as his own, and financial support provided to the child. Courts may also consider the child's birth certificate, hospital records, and statements made by the parties. A family lawyer in NY can gather and present compelling alternative evidence if genetic testing is not available or if you need to strengthen your case with corroborating evidence.

New York uses the Income Shares Model to calculate child support, which is based on the combined parental income up to a statutory cap. The guideline percentage for one child is 17 percent of combined parental income, with higher percentages for multiple children. The court may deviate from guideline support if the parties agree, if deviation is in the best interest of the child, or if the combined income exceeds the statutory cap. Additionally, child support may include add-ons for health insurance premiums, unreimbursed medical expenses, and childcare costs. Your family lawyer in NY will calculate child support obligations using current income information and ensure the order reflects your financial circumstances.

Child support orders in New York can be modified if there is a substantial and continuing change in circumstances, such as job loss, significant income increase, or change in custody. Either parent may request modification by filing a petition with the Family Court. Additionally, if child support is not paid, the other parent may seek enforcement through wage garnishment, income withholding, or contempt proceedings. The New York Child Support Enforcement Unit may also assist in collecting unpaid support. A family lawyer in NY can help you seek modification of support orders or enforce existing orders if payments are not being made. You may also explore related matters such as an alimony lawsuit if spousal support is relevant to your situation.