Paternity Attorney in Westchester County

Expert Guidance for Your Paternity Matters in Westchester County

At Proto, Sachs & Brown, LLP, we understand that paternity issues can be emotionally complex and legally intricate. Our firm, located in White Plains and Cortlandt Manor, is dedicated to helping clients navigate these challenges with compassion and skill. With over 100 years of combined experience, our paternity attorneys in Westchester County are here to provide you with the guidance and support you need.

We recognize that each paternity case is unique, and we pride ourselves on closely working with our clients to tailor our approach to their specific circumstances. Whether you're a mother seeking to establish paternity for child support or a father looking to assert your parental rights, our team is equipped with the knowledge and experience to advocate for your interests effectively. 

We take the time to understand your goals and concerns, ensuring that we're not only addressing immediate legal needs but also securing long-term solutions for your family.

Our trusted paternity attorney in Westchester County is here to guide you. Call (914) 840-5104 today or contact us online for a free consultation and get the clarity and support you need.

Why Establishing Paternity Is Important

Establishing paternity is crucial for a variety of reasons, both legal and personal. It determines the legal fatherhood of a child, which directly impacts child support, custody, and visitation rights. Moreover, it provides the child with essential rights such as inheritance, social security benefits, and access to family medical history. In Westchester County, the legal process for establishing paternity can involve the family court and may require genetic testing. Our experienced team will ensure you understand your rights and responsibilities throughout this process.

In addition to legal considerations, establishing paternity fosters a deeper emotional connection between the father and child. This acknowledgment can play a pivotal role in a child’s development, offering a sense of security and identity. From the father’s perspective, establishing paternity not only provides legal rights but also opens the door to active involvement in the child's life, from education and healthcare decisions to nurturing a shared bond. It's a step that helps align family dynamics with legal realities, ensuring that both emotional and financial responsibilities are clearly defined.

Methods of Establishing Paternity in New York

New York law provides several avenues for establishing paternity, ranging from voluntary acknowledgments to court orders based on DNA testing. Our paternity attorney in Westchester County can help you determine the most suitable path for your situation.

• Voluntary Acknowledgment of Paternity (AOP): This is the simplest and most common method when both parents agree on paternity. An Acknowledgment of Paternity form can be signed by both the mother and the biological father, typically at the hospital shortly after the child's birth. It can also be signed later at the Department of Social Services or Family Court.
• Paternity by Presumption (for Married Couples): As mentioned, if a child is born to a married woman, her husband is presumed to be the child's legal father. This is a strong presumption, but it can be challenged in court if there is evidence to the contrary (e.g., DNA test results showing another man is the biological father, or proof that the husband could not have been the father).
• Order of Filiation through Family Court: If paternity is disputed, or if a voluntary acknowledgment is not feasible, a petition can be filed in New York Family Court to establish paternity. A paternity petition can be filed by the child's mother, a man claiming to be the father, the child (through a guardian or legal representative), or the Department of Social Services if the child is receiving public assistance.

The Process For Establishing Paternity Through Family Court

1. Petition and Summons: The process begins by filing a Paternity Petition with the Family Court and serving the alleged father (or mother, if the father is filing) with a summons.
2. Initial Hearing: The parties typically appear before a Support Magistrate. If the alleged father admits paternity, an Order of Filiation is entered.
3. DNA Testing: If paternity is denied, the Support Magistrate will usually order DNA (genetic marker) testing of the alleged father, the mother, and the child. This involves a simple cheek swab and is highly accurate.
4. Test Results: The test results are usually explained in court. If the DNA test excludes the man as the biological father, the petition is dismissed. If the test shows a high probability (typically 99.5% or higher) that he is the father, a legal presumption of paternity is created.
5. Hearing (if contested): If the parties still do not agree after DNA results, a hearing is held where the test results and other evidence (e.g., testimony, prior admissions) are presented. The court then issues an Order of Filiation if paternity is established.