Paternity
Family Court Act Article 5
Long Island Paternity Lawyer
By J. Douglas Barics
Since the introduction of genetic markings testing, most paternity cases are resolved without the need for a lawyer. To a large extend, the best an attorney can do is make sure the process runs smoothly. Prior to the development of these tests, the court would conduct hearings to determine whether or not the man was the biological father.
An attorney should almost always be used if one party raises the issue of estoppel. This is a discretionary determination by the court, which is extremely fact specific. An estoppel hearing involves testimony and the correct application of the rules of evidence.
At the Law Office of J. Douglas Barics, we have over 25 years of experience in dealing with paternity cases.
Do you need representation in a paternity proceeding in Suffolk or Nassau County?
Contact us online or at (631) 864-2600.
Paternity in New York Family Court
What you need to know about New York paternity proceedings
How is Paternity Established in New York?
Paternity is established three ways
- If the parents were married, it is presumed that the husband is the father of any children were born during the marriage.
- If the parents are unmarried, paternity may be established through an Acknowledgement of Paternity.
- By a court order of paternity.
What does the presumption of paternity mean?
The presumption of paternity means that if two people are married, it is presumed that the husband is the father of any children born during the marriage. This presumption acts as a default setting, but is not absolute as it can be overcome if a challenge is made.
Can I request DNA testing to determine the father?
In any paternity proceeding, genetic marking tests are automatically available.
How do genetic marking tests (GMT) work?
The child, the mother and putative father all submit sample DNA. The child's DNA is first matched against the mother's and those matches are excluded. The remaining DNA must come from the father and are matched to the putative father's sample. The result is a statistical analysis showing the probability of his DNA matching the excluded DNA.
Are genetic marking tests the same thing as blood tests?
No, genetic testing can show if the man is the father. Blood tests can only exclude a putative father. Blood tests are no longer used.
Are there any defenses to paternity?
Under some circumstances an estoppel argument can be raised to halt a paternity proceeding.
How does estoppel work?
Estoppel is based on the child's interests and is designed to prevent a child from learning that a man who has held himself out to be the father is not the biological father. The actions of the father, the biological father, the mother and the child's understanding and wishes are all taken into consideration.
Contact Our Paternity Lawyer Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to prosecute or defend any paternity matter in Family Court. With over 25 years of Family Law experience, we can bring to you the services of a large firm at a fraction of the cost.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.