What Happens If the Father Refuses to Acknowledge Paternity in New York? 2024

What happens if the father refuses to acknowledge paternity in New York? This can be a good question to ask if you are a mother or even if you are a New York resident considering having children. New York state laws can be difficult to understand without the help of a qualified attorney on your side. With the help of an experienced family lawyer, you can rest assured that all of your questions can be answered, and you’ll receive the guidance you deserve.

Establishing Paternity in New York

It is not uncommon for a father to deny paternity of a child. Reasons for doing this can include avoiding paying child support, avoiding any relationship with the mother, or the father just doesn’t want anything to do with the child. In this situation, there are a few options available for the mother to pursue.

If the parents are married, then it will be presumed that the husband is the biological father. For parents who are unmarried, paternity must be established. If a father is refusing to acknowledge paternity, then a paternity test could be requested by the mother through family court. Just because a father refuses to accept paternity does not mean that it cannot be legally proven.

Requesting a Paternity Test

It is important to note that a paternity test can be requested by both the mother and the father. Generally, paternity tests are used when the other parent will not acknowledge their relation to a child. The most common type of paternity test is a DNA test. A DNA test can be conducted during pregnancy or after the birth of the child. If you’re unsure where to get it done, you may request one to be conducted for $45 per person by the Human Resources Administration.

Refusing a Paternity DNA Test in New York

If the father refuses to submit to a DNA test that was requested by the court, then the court could enter a default judgment against him. In this case, a default judgment would mean that the court assumes him to be the father, and he could be held responsible for paying child support, whether it is proven that he is the father or not.

There could also be other legal options available to you, but you should speak with an experienced paternity attorney who can review your case and advise you on what legal steps you should take. If you’re a mother who is dealing with a father who will not acknowledge his paternity, it’s essential that you work with a lawyer who can help you do so legally.

FAQs

Q: How Long Do You Have to Establish Paternity in New York?

A: Parents have until the child turns 21 years old to establish paternity in New York. Paternity can be established at any time during pregnancy or after the child is born, just not once the child turns 21. Once the child turns 21, the state views them as someone who can make their own important life decisions. If you need help establishing paternity, you should engage a paternity lawyer for support, and you should do so as soon as possible to give yourself enough time.

Q: Can a Mother Refuse a Paternity Test in New York?

A: A mother generally cannot refuse a paternity test in New York. Both the mother and the father have an equal right to a DNA test, and in most cases, the test will commence even if only one parent agrees to it. There are, however, some exceptions to this. One of the most commonly used exceptions is equitable estoppel. This means that the court will not mandate a DNA test because it would not be in the best interests of the child.

Q: Can I File a Claim Against My Ex for Lying About Paternity?

A: No, you cannot file a claim against your ex for lying about paternity. New York is one of many states that does not prosecute individuals for paternity fraud. Although you cannot file against your ex for paternity fraud, you could potentially request damages in civil court. For example, if you are a father and the mother falsely accuses you of being the father, and you were forced to pay child support, you could file a claim requesting financial damages.

Q: What Are the Consequences of an Acknowledgement of Paternity?

A: An acknowledgment of paternity establishes the legal paternity of a child. Once the acknowledgment is signed and documented, the father can assume all of the rights and responsibilities of parenting the child. The acknowledgment should be signed by both parents. It can be completed at the hospital before or after the birth of the child. The form could also be signed outside of the hospital, but there must be two witnesses who are not related to the parents.

Q: What Is an Order of Filiation in New York?

A: An order of filiation in New York is a court order that identifies a man as the father of the child. The order gives the father the legal right to pursue custody of the child and the right to visitation. It can also give the father the responsibility of providing child support to the mother. An order of filiation can also be consensual. If the parents agree on the paternity of the child, instead of a DNA test to prove it, they can ask for an order of filiation.

A Paternity Team Ready to Help

If a father refuses to acknowledge paternity in New York, it can lead to a complicated situation. In these types of cases, there are usually several factors to consider, and it often requires the experience and insight of a qualified legal professional to help sort through. In order to get your situation resolved as quickly as possible, you should engage a legal team that can help.

At Trotto Law Firm, P.C., we have an experienced legal team that is ready to assist you through this difficult time. Our team can investigate your case and help provide answers to all of your legal questions. You can count on our team’s compassion, dedication, and determination to get your case resolved. If you or someone you know needs help establishing paternity or having a paternity dispute, contact our office today.