Full question:
My boyfriend and I have been living together for 5 years. We have a 1-year-old son together. Recently, I broke up with my boyfriend because I found out that he was having an affair. I’m living on my own and caring for my son has been difficult financially. My ex-boyfriend does not pay any support towards the care of our son and has gone so far as to say that it’s not his child. How do I legally prove that my ex-boyfriend is the father of my child?
- Category: Paternity
- Date:
- State: New York
Answer:
Paternity refers to the legal relationship between a father and his biological child. In New York, if parents are not married, the biological father is not automatically considered the legal father unless he has signed an acknowledgment of paternity or a family court has issued an order of filiation declaring him the legal father.
According to the New York Family Court Act § 542, the court can declare a male party to be the father if it finds him to be the biological father. If he fails to appear in court after a DNA test that does not exclude him as the father, the court may still issue a temporary support order even if paternity is not yet established.
To establish paternity, you can ask your ex-boyfriend to sign an acknowledgment of paternity. If he refuses, you can file a petition in family court for an order of filiation, which would legally name him as the father of your child. Without this legal recognition, he has no obligation to provide support or any rights to custody or visitation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.