Paternity
Some crime victims may need financial help and protection for themselves and their child. If you and the other parent were not married when the child was born, you must prove paternity before you can ask for child support, visitation, or custody.
What is paternity?
Paternity shows who is a child’s legal father.
A legal father has a:
- Right to custody and visitation with his child, and
- Responsibility to pay child support.
How do I prove paternity?
In New York State, if the parents are married when the child is born, the husband is the child’s legal father.
But if the parents are not married when the child is born, the child does not have a legal father.
Unmarried parents can prove paternity by:
- Acknowledgment of Paternity: Both parents sign an Acknowledgment of Paternity Form, OR
- Order of Filiation: If one parent refuses to sign the Acknowledgement of Paternity, file a paternity case in Family Court. The court can make an Order of Filiation.
Can I file for paternity?
You can file for paternity if you are the:
- Child’s mother
- Man who believes he is the father
- The child
- Child’s guardian
If the child received public assistance, the Department of Social Services may file a paternity petition.
How do I file for paternity?
To file for paternity, follow these steps:
1. File a paternity petition in the Family Court in the county where your child lives. It is free to file in Family Court.
2. Have the other parent served (given) a copy of the petition and summons.
Need help?
The Court’s free Do-It-Yourself (DIY) paternity petition program can help you fill out your Family Court papers.