How can I establish paternity for my child in New York?

Full question:

I am an unmarried mother. We had planned to marry but my boy friend died before the child was born. What should I do to establish paternity of my child under New York law?

  • Category: Paternity
  • Date:
  • State: New York

Answer:

In New York, the family court has exclusive original jurisdiction to establish paternity. According to NY CLS Family Ct Act § 511, the family court handles proceedings to establish paternity, order support, and make custody or visitation orders. Additionally, the surrogate's court shares concurrent jurisdiction with the family court for paternity issues under section one hundred eleven-b of the domestic relations law.

As an unwed mother, you can initiate a proceeding in the family court to establish your child's paternity.

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.

FAQs

If you are married and have a child with someone other than your spouse, your spouse is generally presumed to be the legal parent. However, the biological father can establish paternity through a court proceeding. This can affect custody, support, and visitation rights. It's advisable to consult an attorney to navigate the legal implications in New York. *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.*