How is Paternity Legally Determined?

If you are married and your wife has a child, you are presumed to be the father of the child. If you are not married, then the mother, at the time of the birth, has the option to name the father of the child on the birth certificate. In both of these situations, the actual father may not be the husband or the name on the birth certificate.

If you believe that you have been inaccurately named as the father of a child, or, you believe that you are the father and your name is not on the birth certificate, then you need to obtain a paternity test.

You can petition the Family Court to have the Court order a paternity test. The Court will order a test of the mother, the child and yourself. The results of the tests are almost 100% accurate and will let the Court make a decision on whether or not you are the father.

If the Court determines that you are the father, then certain rights and responsibilities will attach to that determination. You will now have certain parenting rights and custody rights. You will also have an obligation to provide child support.

In contrast, if the Court determines that you are not the father, then that does not automatically mean that you will not have to provide child support. If you have been acting as the father of the child, then the Court may still determine that you have to provide child support payments.

If you are not sure if you are the father, then the Badanes Law Office can help you. The Badanes Law Office has offices in Northport and Garden City. Call Father’s right attorney David Badanes and the Badanes Law Office at 631-239-1702, or email at david@dbnylaw.com.

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