Articles Posted in Paternity

Establishing paternity is an important step in determining legal rights and obligations towards a child. In New York, the law presumes that a husband is the legal father of a child born during his marriage. This presumption is based on the legal concept of “presumption of legitimacy,” which assumes that children born during a marriage are the biological offspring of the husband. This presumption can only be rebutted through a legal challenge, which typically involves genetic testing to establish paternity. Matter of Chang v. Vasquez highlights the importance of establishing paternity and the role of genetic testing in resolving paternity disputes.

Factual Background

Zheng Chang and Marina Vasquez had an extramarital affair while Marina was still married to Luis Vasquez. During the affair, Marina became pregnant and gave birth to a child. Luis, believing that he was the child’s biological father, signed a voluntary acknowledgement of paternity shortly after the child’s birth.

Establishing paternity in New York is an important legal issue that can have significant consequences for both the child and the parents involved. In many cases, establishing paternity involves determining who the biological father of a child is. In New York, there are several ways to establish paternity, including through genetic testing, an acknowledgement of paternity, or a court order.

However, in cases where a child is born during a marriage, the law presumes that the husband is the legal father of the child. This is known as the presumption of legitimacy. This presumption is based on the public policy to preserve the integrity of the family and to promote stability in family relationships. The presumption can only be overcome in very limited circumstances, such as when the husband can prove that he did not have sexual relations with the mother during the time of conception, or when there is clear and convincing evidence that the husband is not the biological father of the child.

Factual Background

In the state of New York, establishing paternity is an essential part of protecting the rights of children and parents. Paternity determination determines who the biological father of a child is and helps establish important legal rights such as custody, visitation, and child support. Paternity can be established in New York through several ways:

• Voluntary Acknowledgment of Paternity: Both parents sign a form called “Acknowledgment of Paternity” in the hospital or at a local child support office. This form is a legal document that establishes the man as the child’s father.
• Court Order: If the parents are not married or the paternity is disputed, either parent can file a petition with the court to establish paternity. The court will order genetic testing to determine paternity.

Establishing paternity is an important issue for parents and children in New York. It allows for the father to be legally recognized as the parent of a child, and provides important benefits such as the ability to seek child support, visitation rights, and inheritance. In New York, paternity is presumed if the parents are married, but in cases where the parents are unmarried, paternity must be established through legal means. This can be done through voluntary acknowledgement, DNA testing, or a court order. However, in some cases, establishing paternity can be complicated, as demonstrated in the case of Matter of Lynn NN. v. William OO., 13 N.Y.3d 7 (2009).

Factual Background

In Matter of Lynn NN. v. William OO., William OO. was the putative father of a child born to Lynn NN. The couple had a brief relationship, and after they broke up, Lynn NN. filed a petition to establish paternity and child support. William OO. appeared in court and acknowledged that he was the father of the child, and a judgment of paternity was entered. William OO. paid child support for several years until he learned that he might not be the biological father of the child.

Establishing paternity is a critical legal process that can impact a child’s life in many ways. In New York, paternity can be established voluntarily or involuntarily through a court proceeding. Establishing paternity can have important legal and emotional implications for parents and children, including child support, custody, and visitation rights. In the case of Matter of Martin B. v. Eden E. the New York courts dealt with the issue of the equitable estoppel defense in paternity cases.

Factual Background

Martin B. and Eden E. were in a committed same-sex relationship for several years, during which time they decided to have a child together. They both agreed that Martin B. would be the biological father, and they sought the assistance of a fertility clinic to conceive a child using Eden E.’s eggs and Martin B.’s sperm. The child was born in 2009, and the couple raised her together as equal parents for several years.

Establishing paternity is an essential step in ensuring that a child receives the care, support, and protection that they need. In New York, paternity can be established voluntarily, through an Acknowledgment of Paternity, or involuntarily, through a court proceeding. An Acknowledgment of Paternity is a legal document signed by both parents that acknowledges the paternity of the child. However, an Acknowledgment of Paternity can be challenged if it is shown that it was signed as a result of fraud, duress, or material mistake of fact. In the Matter of Philip E. v. Linda C., the putative father challenged the Acknowledgement of Paternity that he signed.

Factual Background

In 1991, Linda C. gave birth to a child, and Philip E. was named as the father on the birth certificate. However, Philip E. later denied paternity and refused to pay child support. In response, Linda C. initiated a paternity proceeding in Family Court to establish Philip E.’s paternity and obtain child support.

Establishing paternity is a crucial process for a child to receive certain legal benefits, including child support, inheritance rights, and access to the father’s medical history. In New York, paternity can be established through marriage, acknowledgment of paternity, or by court order. However, there are cases where paternity may need to be challenged, such as when there is doubt about the biological father or when the established father seeks to challenge paternity. One such case is Matter of Shondel J. v. Mark D. which involves a petition to vacate a determination of paternity.

Factual Background

Shondel J. and Mark D. had a relationship that resulted in the birth of a child. During the pregnancy, Mark D. signed an acknowledgment of paternity, which established him as the legal father of the child. However, five years later, DNA testing revealed that Mark D. was not the biological father of the child. Shondel J. then filed a petition to vacate the acknowledgment of paternity, which was granted by the Family Court.

In New York there is a marital presumption of paternity. This means that if a child is born to a married couple, there is a presumption that the husband is the father of the child. The husband is the legal father of the child, even if he is not the biological father of the child. The presumed father can prevent another person from establishing paternity. However, under certain circumstances the court will find that it would be in the best interests of the child for a paternity to be administered so that they will know who their biological father is. In Joseph S. v. Crystal B., the court had to decide whether to allow a paternity test over the objections of the presumed father.

Background

In January 2017, Jocelyn, born in 2007, and her seven siblings were remanded to the care and custody of the Administration for Children’s Services (ACS) in a neglect and abuse proceeding.  They were placed in kinship foster care due to allegations of inadequate guardianship and lack of food, clothing and shelter. Their kinship foster parents were the adult children of the respondent.

While a DNA test will show almost definitively (90-99% accuracy) whether a man is the father of a child, in New York there are other ways to establish paternity.  One way is by signing an Acknowledgement of Paternity (AOP).  Both parents must sign the document, it must be witnessed, and it must be filed with the Office of Vital Records/Corrections Unit. Typically, parents file the document soon after the child is born, but it can be completed any time after the birth up until the child is 21 years old. Once an Acknowledgement of Paternity is filed, the father is considered the legal father of the child and has both the legal rights and obligations of a father. This means that the father is responsible for financially supporting the child and can be required to pay child support. It also means that the father is entitled to have access to the child and can petition for custody or visitation.

In M.H. v. S.S., the mother and father of the child were living together at the child the time was born.  They signed an Acknowledgement of Paternity the day after the child was born.  Eight months later, the relationship ended, and the mother moved. She then filed a petition for custody. She was eventually awarded sole legal and physical custody.  The father was granted visitation. Two years later, the father filed a petition to enforce visitation. In the petition he acknowledged that he was the father of the child. The mother then filed a petition against the father for child support. Interestingly, the very next month, expressing doubts as to whether he was the child’s father, the presumed father filed a petition to vacate the Acknowledgement of Paternity.

Once an Acknowledgement of Paternity has been filed, it is difficult to overturn.  The petitioner seeking to vacate an Acknowledgement of Paternity must allege that he signed it based on fraud, misrepresentation, or other misconduct.