Fairport Paternity Lawyer

Fairport Paternity Attorney

Establishing paternity is a significant step in ensuring the well-being of children and defining parental rights and responsibilities. Family law in Fairport and other areas in New York addresses paternity matters including custody, visitation, establishing paternity for same-sex couples, adoption, and termination of parental rights. If you are facing paternity issues, a Fairpoint paternity lawyer can help.

Why You Need Us

At Trotto Law Firm P.C., we understand that family matters involve crucial decisions that profoundly impact the lives of the affected adults and children. Confronting these challenges can feel daunting, but the team at Trotto Law Firm P.C. is here to offer you the legal support you need.

We are dedicated to guiding you through the legal process, ensuring that you understand your rights while addressing your specific concerns. Leveraging the extensive knowledge gained from representing diverse clients, we offer a customized approach to suit your unique circumstances. We can develop a personalized plan to help you effectively navigate your paternity situation.

Defining Paternity

Paternity, from a legal standpoint, refers to being a father. Under the law, fathers are given certain rights and responsibilities regarding their children. These rights include the right to legal custody, empowering them to make decisions concerning the child’s upbringing, including their education, healthcare, and religion. Fathers also have the right to seek visitation and physical custody.

In New York, if a child is born to married parents, the husband is presumed to be the father. However, if the parents are unmarried, the paternity is not automatically established. In such cases, correctly establishing the paternity of the child becomes vital for everyone involved.

Parents have two options when establishing paternity in Fairport and throughout New York. The first option is signing a Voluntary Acknowledgement of Paternity form, which can be completed at the hospital after the baby’s birth or at a later date if desired. This form must be witnessed by two unrelated individuals. The second option involves petitioning the court for a DNA test comparing the alleged father and the child.

Child Custody and Visitation

In New York, paternity plays a significant role in determining child custody and visitation rights. Once paternity is established, both parents have the right to seek custody of the child. Custody can be either joint (shared by both parents) or sole (awarded to one parent). The court will take a number of factors into consideration when determining custody, such as the interests of the child, parental involvement, and the ability to provide a stable environment.

Non-custodial parents are typically entitled to visitation rights, allowing them to establish and maintain meaningful relationships with their children. Visitation schedules can vary depending on the circumstances, with arrangements tailored to meet the needs of both parents and the child.

Establishing Paternity in Same-Sex Couples and Adoption

New York recognizes the rights of same-sex couples to establish paternity. In cases where a child is born to a same-sex couple through assisted reproduction or surrogacy, legal measures can be taken to establish parental rights.

For same-sex couples who want to adopt a child, New York allows second-parent adoption, where the non-biological parent can legally adopt their partner’s child. This process provides legal recognition of both parents’ rights and responsibilities, giving the child two legal parents.

Termination of Parental Rights

In certain circumstances, parental rights may be terminated, dismantling the legal relationship between a parent and child. This can occur in cases of abuse, neglect, abandonment, or when it’s appropriate for the safety and interests of the child to be placed in another permanent home, such as adoption.

Termination of parental rights is a serious legal matter and typically requires a court order. Once parental rights are terminated, the parent no longer has legal responsibilities or rights regarding the child, including custody, visitation, and financial support.

FAQS

Q: Can Parents Agree to No Child Support in New York?

A: Parents can agree to no child support in New York, but it is not common. These agreements are also subject to court approval. In New York, child support is considered a right of the child, and courts may step in to ensure that the child’s interests are met. Even if parents agree to waive child support, particularly in the case of joint custody arrangements, a court may still order child support if it determines that doing so is in the child’s interests.

Q: How Long Does a Father Have to Be Absent to Lose His Rights in New York?

A: According to New York law, a parent must have abandoned their child for six months in order to lose their parental rights. It is important to note that parental rights are terminated through a court proceeding, so a parent’s rights are not automatically lost due to absence. Because this is such a serious matter, evidence must be present to show neglect, abandonment, or other circumstances that would result in the necessity of terminating parental rights.

Q: Who Has Custody if Both Parents Are on the Birth Certificate but Not Married in New York?

A: If both parents are listed on the birth certificate but are not married, they have equal rights to custody of the child in New York. However, without a court order or agreement specifying custody arrangements, either parent can seek legal custody through family court. Until custody is established, both parents have equal rights to make decisions regarding the child’s upbringing.

Q: How Do I Remove My Father From My Birth Certificate in New York?

A: Removing a father from a birth certificate in New York typically requires a court order. The process may involve petitioning the family court to amend the birth certificate based on previously unknown evidence. Examples may include proving that the individual listed as the father is not the biological father or the presence of fraud or misrepresentation in the original registration.

Contact Us Today

Understanding paternity laws in New York is essential for navigating the complexities of family law and ensuring the interests of children are heard and carried out. A lawyer at Trotto Law Firm P.C. can help you whether your situation involves establishing paternity, seeking custody and visitation rights, navigating adoption procedures, or addressing the termination of parental rights.

If you’re facing paternity issues or if you have questions about your rights and responsibilities as a father, consulting with a family law attorney can provide insight and guidance through this legal process. Contact us today for more information.