Establishing paternity is a vital step for any father of a child born outside of marriage. When paternity is legally recognized, it provides a foundation for a father’s rights and responsibilities. It is a necessary process to gain custody, visitation rights, or even a say in your child’s upbringing. Fortunately, New York offers clear ways to get this done, whether you and the mother agree or if the matter goes to court.
Voluntary acknowledgment of paternity
The simplest way to establish paternity is with a voluntary acknowledgment of paternity form. If both parents agree on who the father is, they can complete and sign this official document. This is often done at the hospital shortly after a child is born. Once the form is signed by both parents and filed, it becomes a legal document with the same standing as a court order.
A voluntary acknowledgment gives the father the right to seek custody or parenting time and makes him responsible for child support. It is a powerful form that should only be signed if you are certain you are the biological father.
Establishing paternity through the courts
Sometimes, a voluntary acknowledgment is not possible. If the mother is not willing to sign the form or the father’s identity is in question, the matter goes to court. The court will order a DNA test to confirm the biological relationship between the father and the child. The results from the test serve as strong evidence. If the test proves paternity, the court will issue an order establishing the legal relationship.
Securing your rights
Legally establishing paternity gives a father a greater connection to his child and a voice in their life. Taking this step shows a commitment to your child’s well-being and a desire to be an active part of their life.