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Denial of Legal Paternity in New York
In New York, the denial of legal paternity is a legal action used to rebut the presumption that a husband is the biological father of a child born during the marriage. This process is subject to strict timelines and evidentiary standards governed by New York Family Court Act and Civil Practice Law and Rules.
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1. Denial of Legal Paternity in New York: Legal Presumption
Under New York law, a child born during a marriage is presumed to be the child of the husband. This presumption may only be rebutted with “clear and convincing evidence” and is designed to preserve the stability of the family unit.
Denial of Legal Paternity in New York: Who May File
Either the husband or wife may file a denial of paternity petition in Family Court. However, if the mother is married at the time of the child’s birth, the biological father cannot seek paternity rights unless the presumed father’s rights are disestablished first.
2. Denial of Legal Paternity in New York: Filing Procedure
Petitions are typically filed in the Family Court of the child’s county of residence. The court will require substantial evidence such as DNA results, testimony, and other documentation to rebut the presumption.
Denial of Legal Paternity in New York: Time Limitation
New York law requires that any action to rebut paternity be filed within a “reasonable time” after learning of the facts, which courts have interpreted as typically within two years. However, exceptions may apply depending on the child’s best interests.
3. Denial of Legal Paternity in New York: Evidence and Consequences
Strong evidence is required to succeed in court. The most common is DNA testing, which can be court-ordered. If paternity is denied, the father-child legal relationship ends, affecting custody, inheritance, and support rights.
Sample List of Admissible Evidence
- - DNA testing with 99% exclusion
- Hospital or birth records showing non-access
- Affidavits or witness testimony regarding conception
- Lack of physical relationship at time of conception
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
