New York Attorneys Assert Unmarried Fathers’ Rights

Aggressive representation for dads seeking custody and visitation

Unmarried men are not necessarily less interested in their children than married and divorced dads. But when comes to having a relationship, an unmarried father often finds himself at the mercy of his child’s mother. It’s her decision about when he’s able to spend time with his child; she dictates the terms and can interfere with their relationship as often as she likes. At Bryan L. Salamone & Associates, P.C., we support unmarried fathers by helping them establish legal paternity to gain the rights of parenthood.

Establishing paternity in New York through the family court

There are two ways for an unmarried father to establish paternity in New York:

  • Signing an acknowledgment of paternity — A father may sign this document at the hospital at the time of birth.
  • Obtaining an Order of Filiation — A father may file a petition in the New York Family Court asking to be named the legal father. The court considers genetic evidence, such as a DNA test, as the basis for declaring a man the legal father of a child.

 If the father obtains an Order of Filiation, he may petition the court for an order enforcing his parental rights, including:

  • Legal custody — The right to participate in important decisions related to the child’s upbringing, health and welfare.
  • Physical custody or visitation — A legal father has the right to frequent, meaningful contact with his child. This could mean joint physical custody or regular visitation, depending on the circumstances. Once an Order of Filiation is made, a mother cannot interfere with a father’s visitation rights.
  • Deny a third-party adoption — Once a father has established paternity, he can prevent the mother from offering the child for adoption.

These fathers’ rights come at a cost. In establishing paternity, the father assumes a duty to provide child support. Courts calculate child support amounts the same way they would during a divorce.

Hire an attorney who’s serious about protecting fathers’ rights. Don't delay. Call now.

Bryan L. Salamone & Associates, P.C. fights aggressively on behalf of unmarried fathers to assert their parental rights. If you need to establish paternity, we can help. Contact us for a free initial consultation at 1.631.479.3839 or contact our office online.