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Can I dismiss a paternity petition after the father's death?

Can I dismiss a paternity petition after the father's death?

Q: How do you vacate an acknowledgment of paternity in NY?

To vacate an acknowledgment of paternity in New York, a parent must file a petition in family court. This petition must include valid reasons for vacating the acknowledgment, such as fraud or mistake. The court will review the case and determine whether to grant the request based on the evidence presented.

Q: Can I sue my ex for lying about paternity?

In New York, if you believe your ex has lied about paternity, you may have grounds to challenge the acknowledgment of paternity in court. However, suing for damages may be more complex and depends on the circumstances. It's advisable to consult with a family law attorney to explore your options and the best course of action.

Full question:

A paternity petition was filed by my ex-boy friend before his death. Can I dismiss the petition under New York law as he is no more?

Category: Paternity
Date: 04/07/2025
State: New York

Answer:

In New York, the death of the putative father during a paternity proceeding does not automatically end the case. According to NY CLS Family Ct Act § 519, the proceeding can continue if:

(a) the putative father filed the petition;
(b) he acknowledged paternity in court;
(c) a genetic marker or DNA test was done before his death; or
(d) he openly acknowledged the child as his own.

Since the putative father was the petitioner in this case, the paternity proceeding can continue despite his passing.

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

What rights does an unmarried father have in New York?

In New York, an unmarried father has the right to seek legal recognition of paternity, which can grant him rights to custody and visitation. To establish these rights, he may need to file a paternity petition in court. If paternity is established, he can also have a say in decisions regarding the child's upbringing and may be responsible for child support. However, without legal acknowledgment, his rights may be limited.

Can a mother keep the child away from the father in NY?

In New York, a mother cannot unilaterally keep the child away from the father if he has established paternity. If the father has legal rights, the mother must allow visitation unless there are valid concerns for the child's safety. If disputes arise, either parent can seek court intervention to establish custody and visitation arrangements.

What rights do unmarried fathers have in NY?

Unmarried fathers in New York have the right to establish paternity, which allows them to seek custody, visitation, and participate in decision-making for their child. However, these rights must be legally recognized through a court process, such as filing a paternity petition. Until paternity is established, their rights may be limited.

What happens if you have a baby with someone else while married in NY?

In New York, if a married person has a child with someone else, the law presumes that the husband is the legal father of the child, regardless of biological paternity. This presumption can complicate custody and support issues. If the biological father wants to assert his rights, he may need to challenge the presumption through legal action.