Pittsford Paternity Lawyer

Pittsford Paternity Attorney

A Pittsford paternity lawyer could be just the right resource you need if you are trying to navigate through New York’s paternity requirements. With the help of an experienced family attorney, you can rest assured that your case will get the attention and guidance needed. Our team at the Trotto Law Firm, P.C., has spent years guiding both mothers and fathers through complex paternity cases and is prepared to do the same for you.

Establishing Paternity in New York

For married parents, the law will presume that both spouses are the biological parents of the child. If the marriage ends in a divorce, the court will usually recognize the parental rights of both parents during the child custody or child support proceedings. If the parents were never married, then there could be some conflict when it comes to establishing paternity.

There are generally two options unmarried parents can use to establish paternity.

• Acknowledgment of Paternity. Acknowledgment of paternity forms are widely available at hospitals, local child support offices, and birth registrars. This form can be signed by both parents and will establish paternity.
• Court petition. A court petition can be filed if there are concerns about the child’s biological father. A petition can be submitted to the court by either parent.

What Happens If Parental Rights Are Terminated?

In New York, a parent could have their parental rights terminated if the court deems it necessary. The consequences of termination of parental rights can include:

• The parent has no legal say in where their child lives, their education, their level of medical care, or any other aspect of their daily lives.
• The parent has no legal rights to visitation.
• The parent may not have to pay child support as there is no longer a parent-child relationship as viewed by the state.
• The child may be put up for adoption without the parent’s consent.
• The parent may be removed from the child’s birth certificate.

How a Paternity Lawyer Can Help You

Having a paternity lawyer by your side during this situation can make all the difference. Not only can it help give you peace of mind in knowing that you have qualified legal representation, but a lawyer can help you file a petition with the court and answer any legal questions you may have. Consulting with an experienced lawyer is always a good option for those who need help understanding how paternity works in Pittsford and throughout New York.

FAQs

Q: Can You Establish Paternity in New York If You Sign a Birth Certificate?

A: Generally, having your name put on your child’s birth certificate can establish paternity in New York. This is often the easiest way to establish paternity, and it can be done at the hospital when the child is born. However, both parents must agree on the paternity of the child and agree to have the father on the birth certificate. You could also get a local child support agency to do this for you through a court order.

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

A: Yes, parents can agree to no child support in New York. The traditional child support methods may be waived if both parents can form a plan on how to support their child and that plan aligns with the best interests of the child. To do this, both parents must sign the agreement, which outlines what the traditional child support obligation would have been and their reasoning for why they are deciding against it. You should also have a family attorney review the agreement.

Q: Does the Biological Father Have Rights If He Is Not on the Birth Certificate in New York?

A: The biological father does not have rights or obligations towards a child if paternity is not legally established. One way that paternity can be established is if the father’s name is on the birth certificate. If the father’s name is not on the birth certificate, and paternity is not established through an order of filiation or a signed acknowledgment of paternity, then the father may not have rights to the parent age of the child.

Q: How to Terminate Parental Rights in New York State?

A: There are a few different factors to consider when terminating parental rights in New York. The biggest factor to consider is the well-being of the child. If the child is facing neglect, abandonment, or repeated abuse, then a petition can be filed in family court. The petition will be brought before a judge who will decide on the matter. Once paternal rights are terminated, they cannot be recovered. Parents do have a right to legal representation in this situation.

Q: What Does an Acknowledgement of Paternity Do?

A: An acknowledgment of paternity signifies that the mother and father agree on the paternity of their child. The acknowledgment is signed by both parties, and it is typically performed after a child is born in the hospital. If couples decide to sign the form outside of the hospital, then they must have at least two witnesses present that are not related to either parent. The acknowledgment can then be submitted to the local birth registrar.

A Law Firm That Can Support You

Paternity can be a confusing and intimidating topic for couples to take on. Laws can vary from state to state, and there can be different legal requirements, often prompting the help of a legal professional. New York can have strict legal requirements and deadlines that must be met in order to successfully establish paternity. If you or someone you know is in this type of situation, you may need the help of an experienced legal team.

Jonathan C. Trotto at Trotto Law Firm, P.C. is ready and willing to help you navigate the New York state legal system and establish paternity. Whether you need help with mediation with your spouse, conducting DNA testing, asking for a court order, or anything else related to your case, our experienced legal team can help. Establishing paternity is a critical part of both a parent’s and child’s life. Contact us today for assistance during a Pittsford paternity case.