Paternity

Filing For Paternity And What To Expect

What Is a Paternity Case?

When a child is born to parents who are not married to each other, the biological father is not considered the child’s legal parent unless the father has signed an “Acknowledgment of Paternity” (usually done at the hospital at the time of the child’s birth) declaring himself to be the child’s father, or an “order of filiation” has been entered, which is a court order that declares that person to be the legal father. A petition may be filed in Family Court seeking an order of filiation.

Why Is it Is Necessary to Have an Order of Filiation Made?

If a man was not married to the mother of the child, he has no obligation to pay support for the child, and has no legal right to custody or visitation with the child, unless he is legally named the father of the child, through an order of filiation or an acknowledgment of paternity.