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Child support

presumption of paternity

Paternity is legal fatherhood—and establishing it is one of the most important steps in the child support process. A man is generally presumed to be the father of children born to his wife during their marriage. The presumption of the husband’s paternity can be rebutted through court-ordered genetic testing. The circumstances under which paternity is presumed vary from state to state, and are usually included in a state’s statutes—often in the statutes grouped together and known as the family code.

In New York, paternity is the legal recognition of a man as the father of a child. Establishing paternity is crucial for child support obligations, inheritance, and access to the child's medical records, among other rights and responsibilities. Under New York law, a man is presumed to be the father of a child if the child is born during his marriage to the mother. This presumption can be challenged, however, and may be overturned with evidence such as DNA testing. If parents are not married, paternity can be established voluntarily through an Acknowledgment of Paternity form or through a court order. The New York Family Court Act provides the legal framework for establishing paternity in cases where it is disputed. It is important for individuals involved in paternity disputes or seeking to establish paternity to consult with an attorney to understand their rights and obligations under New York law.

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Child support

presumption of paternity

Individual & Family Legal Plan

Articles

New-York State Code

New-York State Code

Child support

presumption of paternity

Articles