6 Reasons Why It Is Important To Establish Paternity

By David P. Badanes, Esq. and Jillian M. Enright, Esq.

There are many reasons to establish paternity. For unmarried parents, paternity is established in two ways: (i) by signing a voluntary Acknowledgement of Paternity form; or (ii) it is established by a court proceeding.

Establishing paternity can be beneficial to the child, the father, and the mother. Legal paternity might have to be established before a court can order custody, visitation, and child support. Here are 6 reasons why it is important to establish paternity:

  1. Identity. It is important for the child to know they are part of a family. Similarly, it is important for the father to know that they are “legally” the father of the child. Paternity can help create relationships between the father’s side of the family and the child. Identity is more than having the father listed on the child’s birth certificate. In establishing paternity, it is important to form these extended relationships for both the child and the father’s identity.
  1. Father-Child Relationship. A father-child relationship is fundamental to a son or daughter’s childhood. Establishing paternity is the first step to achieving a healthy father-child relationship. Studies have shown that a father who actively participates in a child’s life can help to improve the emotional and social health of the child.
  1. Custody and Visitation. If the father and mother are not living together or they are contesting custody rights or visitation rights, then paternity may need to be legally established before a court can order custody or visitation to a father.
  1. Financial. Both parents, mother, and father, must provide financial support to their children. In order for a court to make a father pay child support, paternity must be established first. Establishing paternity not only affects child support, but it also affects other financial benefits from the father. These can include: social security benefits, life insurance, pension and retirement, and inheritance rights in the event that something will happen to the child’s father.
  1. Medical. It is also important to determine the paternity of your child for medical reasons. The child and the child’s doctors may need to know the medical history from both sides of the family for certain genetic traits and diseases that may affect the child. Additionally, once paternity is established a father may be able to add the child to his medical insurance policy.
  1. Access to Information. Legal fathers and mothers have the right to be notified about proceedings involving their child. These may include criminal proceedings, adoption proceedings, juvenile court proceedings, and custody hearings. Legal fathers and mothers also have the right to access information regarding school, medical, and religious records.

If you are concerned about paternity and need more information about paternity, call the Badanes Law Office. Contact our top-rated divorce attorneys today at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com.

You can visit our office in Northport, Suffolk County and in Garden City, Nassau County.

Please like us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

How An Attorney Can Get You Fathers Rights: Video

Hi my name is David Badanes and I am a matrimonial and family law attorney. If you are a Father who is getting divorced on Long Island, this is how an attorney can help you assert your rights.

In many cases, fathers are fighting an uphill battle. An attorney will provide you with a game plan in asserting your rights as a father. An attorney can make sure that you follow the proper course of action in your divorce.

Here are four tips on what an attorney can do for you:

1. Keep a diary/log.
2. Make sure you follow all court orders.
3. Have realistic goals and have a plan for obtaining those goals.

It is important that you hire an attorney who is willing to explain to you the process of a divorce and who is willing to assert your rights.

I have represented countless fathers and men in their divorces, and I can help you as well.


How is Paternity Legally Determined?

Ipaternityf you are married and your wife has a child, you are presumed to be the father of the child. If you are not married, then the mother, at the time of the birth, has the option to name the father of the child on the birth certificate. In both of these situations, the actual father may not be the husband or the name on the birth certificate.

If you believe that you have been inaccurately named as the father of a child, or, you believe that you are the father and your name is not on the birth certificate, then you need to obtain a paternity test.

You can petition the Family Court to have the Court order a paternity test. The Court will order a test of the mother, the child and yourself. The results of the tests are almost 100% accurate and will let the Court make a decision on whether or not you are the father.

If the Court determines that you are the father, then certain rights and responsibilities will attach to that determination. You will now have certain parenting rights and custody rights. You will also have an obligation to provide child support.

In contrast, if the Court determines that you are not the father, then that does not automatically mean that you will not have to provide child support. If you have been acting as the father of the child, then the Court may still determine that you have to provide child support payments.

If you are not sure if you are the father, then the Badanes Law Office can help you. The Badanes Law Office has offices in Northport and Garden City. Call Father’s right attorney David Badanes and the Badanes Law Office at 631-239-1702, or email at david@dbnylaw.com.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.