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:
The term paternity refers to the state of being a father and establishing paternity means to establishing a legal relationship between a man and his biological child. Further, when the parents are not married and the child is born out of wedlock, it is important that paternity is legally established. In New York, if a child is born to unwed parents, the biological father of the child is not considered the legal parent unless the father had signed an acknowledgement of paternity or an order of filiation has been entered by the family court, where the court declared a person to be the legal father. The New York Family Court Act § 542 states:(a) If the court finds the male party is the father of the child, it shall make an order of filiation, declaring paternity. Such order shall contain the social security number of the declared father.
(b) If the respondent willfully fails to appear before the court subsequent to the administration and analysis of a genetic marker test or DNA test administered pursuant to sections four hundred eighteen and five hundred thirty-two of this act or section one hundred eleven-k of the social services law, and if such test does not exclude the respondent as being the father of the child or the court determines that there exists clear and convincing evidence of paternity, the court shall enter an order of temporary support notwithstanding that paternity of such child has not been established nor an order of filiation entered against the respondent. The respondent shall be prospectively relieved from liability for support under such order of temporary support upon the respondent's appearance before the court.
(c) If the respondent willfully fails to comply with an order made by either the court pursuant to sections four hundred eighteen and five hundred thirty-two of this act or by a social services official or designee pursuant to section one hundred eleven-k of the social services law, and willfully fails to appear before the court when otherwise required, the court shall enter an order of temporary support notwithstanding that paternity of the subject child has not been established nor an order of filiation entered against the respondent. The respondent shall be prospectively relieved from liability for support under such order of temporary support upon the respondent's compliance with such order and subsequent appearance before the court.
In New York, a petition may be filed in the Family Court seeking an order for filiation. Further, if the biological father is not named the legal father through an order of filiation or an acknowledgement of paternity, the biological father has no obligation to pay support for the child and has no legal right to custody or visitation with the child.
Here, the best recourse seems to be to get your ex-boyfriend to sign an acknowledgement of paternity. Failing that, you may petition the family court for an order of filiation, naming your ex-boyfriend to be the legal father of your child.
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.
