What Happens When a Father Refuses to Acknowledge Paternity in New York State?
You’re likely asking this question because you’re a mother in New York State who just had a baby. You know who the father is, but they’re not being cooperative and don’t want to acknowledge that they are the father of the child. What can you do in this situation? The Westchester County divorce lawyers at the Law Office of Robert S. Sunshine will discuss how mothers should handle a situation in which the father refuses to acknowledge paternity.
Establishing paternity in New York State
It’s not uncommon for a prospective father to deny paternity of a child. They will need to pay child support moving forward and they may not want to do this. In this situation, there are a few options available to the mother. Understanding how paternity is established is important to answering this question.
If the parents are married, it is automatically assumed that the husband is the father of the child. That’s unlikely to be the case if you’re asking this question, however. For unmarried parents, paternity must be established. If a father refuses to acknowledge paternity voluntarily, then the mother can request a paternity test through the family court. Just because the father of the child denies paternity, it does not mean that paternity cannot be proven.
Requesting a paternity test in New York State
Paternity tests can be requested by either the mother or the father. Generally speaking, paternity tests are used when the other parent refuses to acknowledge the paternity of the child. The most common type of paternity test ordered is a DNA test. A DNA test can be conducted during a pregnancy or after the child is born.
What happens if the father refuses to take the paternity test?
If the father refuses to submit to a DNA test that the court ordered, then the court could enter a default judgment against the father. In other words, the court would assume that the father who refused the DNA test is the father of the child in question. The father would then be on the hook to pay child support without having any proof that they are the father of the child. In most cases, prospective fathers want to avoid this outcome.
Working with a paternity lawyer in Westchester County, NY
Another way to handle the situation is to find a paternity lawyer in the county you live in who will advocate on your behalf, file court documents, and ensure that your interests are met through the court process. You are entitled to child support payments paid by the father of the child, so establishing paternity is important to you financially.
Talk to a Westchester County, NY Paternity Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of both fathers and mothers who are seeking to establish paternity in New York State. Call our Westchester County family lawyers today to schedule an appointment, and we can begin helping you through the process right away.
