Paternity Attorney in White Plains

What Legal Paternity Establishes in New York

In New York, a man is not automatically the legal father of a child simply because he believes himself to be the biological father. Legal paternity exists only if he was married to the mother at the time of birth, has signed a voluntary Acknowledgment of Paternity, or has been adjudicated the father by a court. Until one of those three conditions is met, an unmarried father has no legal standing to petition for custody or visitation.

The stakes for the child are equally significant. Once paternity is legally established, the child gains rights to financial support, potential health insurance coverage through the father, possible Social Security benefits, and inheritance rights. New York law does presume that a child born during a marriage is the legal child of the husband, but that presumption can be rebutted under the right circumstances.

How Paternity Is Established for Unmarried Parents

Two pathways exist for establishing paternity when parents aren’t married. The first is voluntary: both parents sign an Acknowledgment of Paternity, commonly completed at the hospital at the time of birth but signable at a later date as well. Once signed and filed, that document carries legal weight equivalent to a court order of filiation.

The second pathway runs through Family Court. Under Article 5 of the Family Court Act, either parent, the child, or the Department of Social Services may file a paternity petition. When paternity is contested, Family Court Act Section 418 generally directs the court to order genetic marker or DNA testing. A report showing at least a 95% probability of paternity creates a rebuttable presumption that the named man is the father, though the opposing party may introduce evidence to challenge that finding. Paternity petitions filed by Westchester County residents are heard at the Westchester County Family Court in White Plains.

Contesting or Rescinding a Paternity Acknowledgment

Signing an Acknowledgment of Paternity isn’t necessarily permanent. Under Family Court Act Section 516-a, a signatory may rescind by filing a petition within 60 days of signing, or before the date of any related court or administrative proceeding, whichever comes first. Acting within that window is critical.

Once the 60-day period closes, rescission requires a court proceeding and proof of fraud, duress, or a material mistake of fact. The threshold is demanding, and courts approach challenges to signed acknowledgments carefully. Separately, paternity can generally be established in New York from the child’s birth until the child turns 21, with limited exceptions. If you believe an acknowledgment was signed under false pretenses, or if new information about biological parentage has emerged, consulting a paternity attorney in White Plains promptly can help preserve the options that may remain available to you.