If you’re an unmarried parent living in Staten Island, New York, you might be wondering how to legally protect your child—and your own rights as a parent. This is where a paternity law attorney becomes incredibly helpful.
In New York, unmarried parents don’t automatically share the same legal rights as married ones. That means a biological father may not have custody, visitation, or even the ability to make decisions for his child until paternity is legally established.
Let’s break down what a paternity lawyer can do for you, how the process works, and why getting legal help in family court matters more than you might think.
Why Paternity Matters for Unmarried Parents
When a baby is born to unmarried parents in Staten Island, the law doesn’t assume who the father is—even if his name is on the birth certificate.
This means:
- The father has no legal custody rights
- He can’t make decisions about the child’s education, health, or religion
- He may not even get visitation rights
- The child could miss out on key benefits, like:
- Health insurance
- Inheritance
- Social Security
- Immigration sponsorship in some cases
Establishing paternity creates a legal relationship between the father and child. It also lays the foundation for important matters like child support, custody, and visitation.
Legal Ways to Establish Paternity in New York
There are two main legal paths to establish biological paternity in Staten Island:
A. Acknowledgment of Paternity (AOP)
This is a voluntary form that both parents can sign, often at the hospital. It confirms the man listed is the child’s biological father. Once it’s signed and filed:
- The father’s name goes on the birth certificate
- He gains legal rights (but not automatic custody or visitation)
- Either parent can later challenge it in family court, but only within 60 days—unless there’s fraud or mistake
💡 Why you need a lawyer: A paternity law attorney can make sure both parties understand the long-term impact before signing. Once the AOP is filed, it’s legally binding.
B. Court Petition & DNA Testing
If either parent disagrees or refuses to sign the AOP, the next step is filing a court petition in Staten Island Family Court.
The process includes:
- Filing a Petition for Custody or Paternity Petition
- Attending court hearings
- Submitting to genetic paternity testing (a simple cheek swab)
Once the DNA test confirms the father’s identity, the court will issue an Order of Filiation, which makes the relationship official under the Family Court Act.
What a Staten Island Paternity Lawyer Can Do
A paternity lawyer does much more than file forms. They protect your rights and help avoid serious mistakes that can affect your child’s future.
Here’s what they handle:
Navigate Family Court Procedures
- File a paternity petition or custody petition
- Represent you in Staten Island Family Court
- Make sure your documents follow New York custody laws
- Advocate for your parental rights in front of a judge
Assist with Paternity Tests and Legal Evidence
- Arrange legally valid DNA testing
- Ensure evidence of paternity meets court requirements
- Handle disputes over paternity and testing consent
Secure Custody and Visitation Rights
Once paternity is proven, your lawyer can help with:
- Filing for legal custody, physical custody, or joint legal custody
- Negotiating a fair custody arrangement
- Protecting your rights in custody disputes
- Petitioning for sole custody in cases involving neglect or danger
- Setting up clear custody and visitation rights
Establish or Modify Child Support
- Calculate payments using the Child Support Standards Act
- Help enforce or challenge a child support order
- Work with child support offices if needed
- File for custody modification or support modification when circumstances change
When to Contact a Paternity Law Attorney
You don’t have to wait for a problem to hire a paternity law attorney. In fact, the earlier you reach out, the easier it is to protect your rights and avoid court battles.
Here are common reasons unmarried parents in Staten Island should speak with a lawyer:
- You need help filing an Acknowledgment of Paternity
- You or the other parent want a paternity test before acknowledging legal responsibility
- There are disagreements over custody arrangement, visitation, or child support
- One parent is blocking access to the child
- You need to challenge or reverse a signed Acknowledgement of Paternity
- You’re being asked to pay child support without legal proof of paternity
- You want to request or defend against a custody modification
Having legal support can stop small disagreements from turning into big court fights.
Benefits of Legal Representation for Both Parents
Many people think only fathers need a paternity lawyer, but that’s not true. Mothers also benefit from legal guidance, especially when it comes to:
- Establishing child support
- Creating a legally enforceable custody and visitation plan
- Resolving child custody disputes with court orders
- Ensuring the child has access to benefits, health history, and inheritance
Here’s what both parents gain with a lawyer:
- ✅ A clear, enforceable legal relationship with the child
- ✅ Court-approved custody and support plans
- ✅ Help understanding complex custody laws
- ✅ Peace of mind that their child’s future is protected
- ✅ Support in dealing with Staten Island Family Court
Staten Island-Specific Considerations
Every area has its own legal process. Here’s what makes Staten Island unique:
- Staten Island Family Court handles all paternity, custody, and support cases locally
- Judges follow New York State laws, but they’re familiar with the community and may prioritize informal resolution when possible
- A local paternity law attorney knows how the system works—from court schedules to judge expectations
- Many custody modification and child support hearings are handled quickly if both sides are prepared and represented
Working with a lawyer from Staten Island gives you the advantage of local experience.
Your Child Deserves Legal Security—And So Do You
Establishing paternity is more than just a formality—it’s the key to building a solid legal foundation for your child’s future. A Staten Island paternity law attorney helps you create that foundation by guiding you through family court, handling paternity testing, filing court petitions, and ensuring fair child support and custody outcomes.
Whether you’re a father trying to gain your rights, or a mother seeking support and clarity, a paternity lawyer gives you the tools—and the confidence—to do what’s best for your family.
Don’t wait for a crisis. If you’re an unmarried parent in Staten Island, get the legal support you need today.
Staten Island Paternity Law Attorney – Soren Law Group
At Soren Law Group, we understand how important it is to protect your rights and your child’s future. As a trusted paternity law attorney in Staten Island, New York, we help unmarried parents establish paternity, navigate custody disputes, and secure fair child support. Whether you need help with a DNA test, filing a Petition for Custody, or understanding your legal options, our experienced team is here for you. We proudly serve Staten Island and surrounding areas with care, clarity, and results that matter.
📞 Call us today at (718) 815-4500 or fill out our contact form to schedule a consultation. Don’t wait—your child deserves the legal security you can give them.
FAQ – Staten Island Paternity Law Attorney
Can I establish paternity without going to court in Staten Island?
Yes, you can establish paternity in Staten Island without going to family court by signing an Acknowledgment of Paternity (AOP). This form is usually completed at the hospital when the child is born and must be signed by both the mother and the father voluntarily. Once signed and filed with the state, it creates a legal connection between the child and the father—granting him certain rights and responsibilities.
However, this does not automatically give the father legal custody, physical custody, or visitation. To pursue a custody arrangement or child custody hearing, he must file in court. It’s a good first step, but not a complete one for resolving custody battles or establishing joint legal custody or sole custody.
What happens if the father denies paternity?
If the alleged father denies being the child’s biological parent, the case will move to Staten Island Family Court. The court typically orders genetic testing—a non-invasive, court-approved DNA test—to determine paternity. This step is part of a paternity acknowledgment process required by New York law when there’s no voluntary agreement.
Once paternity is confirmed, the court can proceed with a child custody hearing, support orders, or parenting time decisions. If the DNA test proves he’s the father, he may then seek joint legal custody, physical custody, or even sole custody, depending on the child’s best interests. Refusal to take the test could result in the court declaring paternity by default.
Can a father get custody if he hasn’t established paternity?
No. In Staten Island, a man must first legally establish paternity to be recognized as the child’s father. This is typically done through a paternity acknowledgment or DNA test ordered by the court. Without this legal step, he has no standing to request a custody arrangement, child custody hearing, or visitation.
Once paternity is confirmed, the father may request joint legal custody, physical custody, or sole custody, depending on the situation. The court will then apply custody laws to determine what is in the best interest of the child. A paternity lawyer can help file the appropriate paperwork and represent the father during this process in Staten Island Family Court.
How long does it take to establish paternity in Staten Island Family Court?
The timeline can vary based on the complexity of the case. On average, establishing paternity in Staten Island Family Court can take 4 to 12 weeks, depending on factors like cooperation between parties and the scheduling of the DNA test. If both parents agree to a paternity acknowledgment, it may be processed faster.
When a case goes to court, the judge may order a genetic test. After results are submitted (typically within 1–2 weeks), the court may then issue a paternity order. Only after paternity is confirmed can the father request legal custody, physical custody, or be involved in child custody laws. This process is crucial before any custody arrangement can be considered.
What if the mother won’t allow a paternity test?
If the mother refuses a paternity test, the alleged father can file a petition in Staten Island Family Court. The court has the authority to order genetic testing as part of the paternity acknowledgment process. Refusing a court-ordered test may lead to legal consequences, such as a default judgment of paternity.
Establishing paternity is a required step before a father can pursue legal custody, physical custody, or be part of a formal custody arrangement. The court’s goal is to ensure the child’s best interests are protected, which includes knowing both parents. Once paternity is proven, the father can seek joint legal custody or even sole custody, depending on the outcome of a child custody hearing.
Does signing the birth certificate give a father legal rights in NY?
No. In New York, signing the birth certificate alone does not establish legal paternity. The father must also sign an Acknowledgment of Paternity to be legally recognized. Without that step, he has no right to legal custody, physical custody, or involvement in the child’s life under state custody laws.
This is a common misconception. While having your name on the birth certificate is important, it doesn’t give automatic access to the child or the court system for custody arrangement decisions. Only after legal paternity is established can a father request joint legal custody, attend a child custody hearing, or fight for sole custody in Staten Island Family Court.
What are my rights as a father if I signed the AOP but never went to court?
Signing the Acknowledgment of Paternity gives you legal recognition as the child’s father, but it does not give automatic legal custody, physical custody, or visitation rights. To assert those rights, you must petition Staten Island Family Court for a custody arrangement or parenting time.
Fathers often assume the AOP gives them shared decision-making authority, but under child custody laws, further action is needed. You’ll need to request a child custody hearing and show that being involved is in the child’s best interest. This could lead to joint legal custody, sole custody, or a specific custody arrangement approved by the court.
Can a paternity lawyer help if I already signed the AOP but want to challenge it?
Yes, a paternity lawyer can help you challenge an Acknowledgment of Paternity in Staten Island Family Court, but timing is critical. You typically have 60 days to revoke it. After that, you’ll need to prove reasons like fraud, duress, or a mistake of fact. This often involves requesting a DNA test to dispute paternity acknowledgment.
If the court accepts your challenge, the case may reopen and affect any custody arrangement, legal custody, or child support already in place. This is a complex process, and having an attorney ensures you follow all custody laws and procedures correctly during a child custody hearing or paternity dispute.
Is a paternity case private or part of the public record in NY?
Paternity cases in New York, including Staten Island, are generally not open to the public. Hearings are held in family court, and the records are kept confidential. This protects the privacy of the child and the parents involved. Only those directly involved in the case—such as the mother, father, attorneys, and court officials—can access the file.
While the outcome may affect legal rights like sole custody, legal custody, or child support obligations, it’s not something others can easily look up. This confidentiality also applies to child custody hearings and custody arrangement documents, unless a judge decides otherwise for legal reasons.
How much does a paternity lawyer typically cost in Staten Island?
The cost of a paternity lawyer in Staten Island can vary based on the complexity of your case. On average, fees range from $200 to $500 per hour, with flat rates available for simple matters like filing an Acknowledgment of Paternity. Full representation in child custody battles, child custody hearings, or DNA disputes can cost more.
Factors that affect the price include:
- Whether the case involves custody modification
- If sole custody or joint legal custody is being contested
- Whether physical custody or visitation is in dispute
- How many court appearances are required
Although hiring a lawyer may seem costly, it ensures your rights are protected under child custody laws and avoids mistakes that can be even more expensive to fix later.
Read more Legal Steps to Establish Fatherhood in Staten Island with a Paternity Lawyer
