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Paternity establishment sometimes needed to receive child support

In New York, when an unmarried mother gives birth, the child’s father is not legally considered his or her father without an establishment of paternity. For those who wish to seek child support, establishing paternity is needed. There are a couple of ways in which this can be accomplished.

After a child is born, both parents may sign a voluntary acknowledgement of paternity (AOP). This will give fathers legal rights to their children. This will also allow the mother to seek a support order. There are some problems that may prevent a father or mother from being able or willing to sign a voluntary paternity acknowledgement form, however. An individual who might question whether or not signing this form is in his or her best interests may want to seek legal guidance before taking further action.

If an AOP is not signed, it is possible to establish paternity through genetic testing. In many cases, this requires a court order. If, after testing, parentage is positively determined, it will be possible for mothers to then pursue a child support order.

There are, understandably, a lot of concerns surrounding the establishment of parentage of children born out of wedlock. If financial support is wanted in these cases, though, doing so is necessary and something that may not be avoidable. Regardless of whether or not an AOP is signed, a family law attorney can assist mothers and fathers in New York with the process of establishing paternity. Further help in seeking or contesting a child support order can also be provided.

Source: childsupport.ny.gov, “Paternity Acknowledgment FAQ”, Accessed on July 24, 2015

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District