Some parents have automatic rights under New York law. Women who give birth in New York state automatically have custody rights. Married fathers also benefit from a presumption of paternity that allows for the immediate inclusion of their name on a child’s birth certificate if they are married to the mother of the child at the time of birth or conception.
Unmarried fathers do not have automatic parental rights, but the law does still protect them. How can men who have not married the mothers of their children in New York establish their right to shared custody, visitation and parental authority?
Formally establishing paternity protects fathers
Unmarried fathers do not benefit from a presumption of paternity. However, they can readily establish paternity with just a few simple steps.
They can fill out voluntary paperwork with the mothers of their children at the hospital or while their children are still minors. Acknowledgment of Paternity documents allow for the addition of the man’s name to the child’s birth certificate.
In cases where mothers do not want to acknowledge a man’s paternity, he may have the option of requesting genetic testing through the courts. Genetic testing can validate the father’s relationship with the child and pave the way for his petition for shared custody or visitation.
The state supports men who want to establish paternity to play an active role in their children’s upbringing by seeking shared custody or visitation, but men may need legal guidance to establish paternity and navigate family court. Working with an attorney familiar with fathers’ rights and state statutes can help unmarried men become actively involved fathers with enforceable rights.