Penfield Paternity Lawyer

Penfield Paternity Attorney

If you are a New York resident and you have questions surrounding paternity, you should consider speaking with a Penfield paternity lawyer. An experienced paternity lawyer can help evaluate your case and provide you with the necessary legal advice on how to move forward. Each paternity case is unique and deserves the insight and experience of a qualified family attorney who can ensure your needs are respected.

Whether you’re a mother seeking child support or a father who wants to play more of a role in your child’s life, the team at the Trotto Law Firm, P.C., is here to help.

The Importance of Establishing Paternity in New York

It is important to establish paternity in New York because it offers benefits to both the mother and the father of a child. For the mother, establishing paternity gives her the chance to request child support. For the father, it allows him to pursue the rights and responsibilities of parentage, which include potential custody and visitation rights. Paternity does not guarantee these rights for the father, but it allows him to legally pursue them.

Benefits of Proving Paternity for the Child

There are also benefits of proving paternity for the child. The responsibility of caring and providing for the child falls on the parents. Even divorced parents still share responsibility for their children. Establishing paternity helps provide reassurance that both parents will be involved in the child’s life. Also, paternity can allow the child to receive medical coverage from each parent and allow the child access to their family’s medical history.

DNA Testing

One of the most commonly used methods of establishing paternity is a DNA test. There are multiple types of DNA tests that can be taken in Penfield, New York, depending on what fits your situation. There are either prenatal tests that can happen before a child is born or there are postnatal tests after the child is born. Postnatal tests are typically less complicated, less expensive, and can involve a cheek swab or blood test.

There are three different types of prenatal DNA testing that can be conducted:

• This testing is done in the second trimester of the pregnancy. During this test, a physician will extract a small amount of amniotic fluid using a needle. The sample is then tested. This is done during an ultrasound appointment.
• Chorionic Villus Sampling. During this type of testing, a physician will insert a needle or tube through the cervix to collect a sample of chorionic villi, which is then tested to determine who the biological father is.
• SNP Microarray. This form of testing examines the child’s DNA within the mother’s bloodstream. This type of testing is much less invasive than the others.

FAQs

Q: At What Age Can a Child Decide Which Parent to Live With in New York?

A: There is no specific age at which a child can decide which parent to live with in New York. The state of New York does not have a specified age for which children can make significant living decisions. Up until the child turns 18, the courts maintain discretion over a child and their best interests. A child can voice their concerns and opinions regarding their living situation, and it will be taken into consideration, but it will not guarantee that the court will concur.

Q: What Is the New York State Law on Paternity?

A: The New York state law on paternity mandates that for children who are born to unmarried parents, the biological father is not considered the legal parent of the child until the father signs an acknowledgment of paternity. This can be done at the hospital at the time of birth. Alternatively, an order of filiation could be entered. This is a court order declaring that person as the legal father of the child. You may file a petition in family court to seek an order of filiation.

Q: What Is the Statute of Limitations on Paternity in New York?

A: The statute of limitations on paternity in New York is 21 years from the birthdate of the child. Legal proceedings on paternity can begin at any point during a pregnancy or after a child is born. The child cannot be brought to court once they turn 21 years old unless the father provides written acknowledgment of paternity. New York’s legal process can be complex and difficult to understand without proper legal help.

Q: Is a Mother Allowed to Refuse a Paternity Test in New York?

A: Mothers generally cannot refuse a court-ordered paternity test in New York. The mother will have to abide by the court’s terms and present her child for paternity testing. If the testing confirms the rightful father of the child, then the father’s name can be added to the child’s birth certificate. The father can then accept all rights and responsibilities that come along with parentage in the state of New York. This can include custody and visitation.

Q: How Can I Establish Paternity in New York?

A: Paternity in New York can be established in two ways. The first way is to sign an acknowledgment of paternity. This is a voluntary process that can be coordinated by the parents of the child. The other way to establish paternity is to go through the judicial process. Through the judicial process, you can request an order of filiation or a DNA test. Also, a child support agency could conduct its own DNA test and then establish paternity through a court order.

Legal Aid for Parents Looking to Establish Paternity

It can be challenging to establish paternity in the state of New York. Many fathers and mothers need help understanding the legal rights they have when it comes to establishing paternity. With the right attorney on your side, the process can be made much easier. It is important that mothers and fathers work together to ensure the best interests of the child are met. In many cases, a paternity attorney can offer valuable help in accomplishing this goal.

At Trotto Law Firm P.C., we have the resources necessary to help you resolve your paternity case. Our legal team has the experience and acumen needed to help you explore every legal option available to you. Working with our legal team, you can rest assured that you are getting the quality legal representation you deserve. Contact our office today to see how our team can support you during a Penfield paternity case.