Wanting a father to take on some sort of financial responsibility for raising his child is certainly a reasonable request. However, when children are born out of wedlock, getting a child support order can be a bit of a process — especially if paternity is being denied. There are unmarried fathers in New York, though, who may accept parentage without any issue and are ready and willing to be acting participants in the lives of their children. In such an instance, when both parents agree to parentage, and a DNA test is not insisted upon, an Order of Filiation may be filed with the court in order to open a case for custody and child support.
An Order of Filitation may be filed on consent of both a child’s mother and father. This means that both parents agree to the father being listed as the child’s parent. This gives him the right to seek custody or vis itation. It also means he may be ordered to pay child support.
Once an Order of Filiation is filed and accepted by the court, it can be extremely difficult to reverse. So those with any doubts of parentage may want to consider going a different route and insist on DNA testing. On the other hand, those ready and willing to accept parentage may find this a faster route to getting custody and support cases started, as there is no waiting for DNA results.
For mothers who desire child support and unmarried fathers who are wanting to be apart of their children’s lives, filing an Order of Filiation may be the best route to starting custody and child support cases. However, it is always wise to seek legal counsel before moving forward in order to make sure it is in one’s best interests. Those residing in New York can turn to experienced family law attorneys to seek further information about this topic and any other questions or concerns they may have regarding custody, vis itation and child support matters.
Source: nycourts.gov, “Order of Filiation”, Accessed on Sept. 15, 2016