In New York when parties are married there is a presumption that the husband is the
father of any children born during the marriage.
In order to commence a paternity proceeding a petition must be filed in family court by
the party seeking to legally establish paternity. Typically if the woman is married then
the husband must also be named as a party to the action. When the case comes to court
the parties have the option to consent to paternity in other words they may both agree as
to who the father of the child is. If there is no agreement the court will typically order
a DNA test. When the DNA test results are known then the parties will again have the
option to consent to paternity or in the alternative they may request a hearing.
At a hearing the party seeking to establish paternity must do so by clear and convincing
evidence. Where DNA results indicate a 95% probability that the tested man is the father
then the court will presume him to be the father of the child and then the burden falls
to the “presumed” father to overcome this presumption, again by clear and convincing
evidence. At the end of the hearing, after considering all of the evidence, the court will
either issue an order of paternity or dismiss the petition.
Paternity actions can be confusing and emotionally exhausting – an experienced attorney
can guide his client through the process and protect his or her interests every step of the
way. Call the Buitron Law Office today for a free consultation.
