Nassau County Paternity Lawyer

Understanding "Order of Filiation" in Paternity Cases

When a biological father was not aware of his child's birth, or when the presumed father could not be found, or when the presumed father has doubt that he is the child's biological father, paternity may be established through an "order of filiation," an official court order declaring that a man is a child's legal father.

If there is question over who a child's biological father is, or if a man does not believe that he is a child's father, then the mother or the presumed father may petition the court to establish paternity by seeking an "order of filiation."

Guidance for Fathers Seeking to Establish Parental Rights

A father could be interested in participating in a child's life, even if the relationship with the mother has ended, or was of a short duration. Establishing paternity allows the biological father to gain parental rights, as well as have his name placed upon the child's birth certificate, and to seek court ordered custody or visitation, as well as to have his voice heard should the mother want to put the child up for adoption.

When an unmarried couple was in love and together, signing the Acknowledgement of Paternity may have not been their top priority because they planned on raising their child together, but when such couples split, establishing paternity for child support and child custody reasons becomes a priority. In New York paternity cases, often the child's mother is motivated to establish paternity for the purposes of child support, while the presumed father is motivated because he wants to ensure that he has rights to child custody and visitation.

In New York, there are two methods of establishing paternity. One is to sign a form called "Acknowledgement of Paternity." The other is to file a petition with the court to request that paternity is proven through DNA testing, which is a simple, painless test where a cotton swab, resembling a Q-tip is gently swiped inside the cheek to collect a sample of DNA-rich saliva. In DNA testing for paternity, the baby, the mother and the father all are tested.

If the tests reveal that the person in the case is the biological father, the court will issue an order, called an "Order of Filiation" that declares that person to be the father of the child. Once the order is issued, the mother can seek child support. If the father has been caring for the child, he can seek child support from the mother.

Free Consultation: Secure Your Paternity Rights Today

Whether you are a mother seeking child support or a father seeking custody or visitation rights of your child, we encourage you to contact a Nassau County family law attorney from Jason M. Barbara & Associates, P.C. We can explain the court process and what to expect in regards to your rights and responsibilities as well as that of the other parent.

We gladly offer free consultations so you have everything to gain by speaking with us. Call now at (516) 406-8381.