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Brooklyn Paternity Lawyers

Paternity matters are usually legally challenging cases. Are you looking down the barrel of a paternity case in New York? If you are, you need to have a foundational understanding of paternity law in the state. On top of that, your best protection in this type of case is the professional assistance of a well-informed, experienced New York paternity lawyer.

New York Paternity: Judicial Jurisdiction

In New York, the family court has judicial jurisdiction over paternity cases. The New York family court has the power to establish paternity. In addition, the family court has the authority to issue such other orders that are customarily associated with the establishment of paternity. Included in these are orders addressing such matters as child custody, parenting time or visitation and child support payments.

What Benefits Does a Father Get from Establishing Paternity?

Fathers receive several benefits from paternity establishment. Among these are:

  • His parenting rights are upheld;
  • His name can be listed as the father on his children’s birth certificates;
  • He has the right to petition for court-ordered custody and visitation of his children; and
  • He has the right to be informed and have his opinion heard in any adoption proceedings involving his children.

Paternity in Dispute

In the event that a dispute arises regarding paternity, an action can be filed in family court. A case can be filed by either the birth mother or any man who reasonably believes that he is the father of a child who is born out of wedlock. Depending on the details of the situation, the state of New York also has the authority to initiate a paternity action.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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As soon as a paternity action is initiated, the court will order genetic testing. Whatever the DNA testing result is, it is considered a conclusive demonstration of whether or not a particular man is the father of a child born out of wedlock or not.

DNA/Genetic Testing to Prove or Disprove Paternity

Any genetic testing a man agrees to undergo for the purpose of verifying or disproving paternity of a child needs to measure up to established criteria. In New York Family Court, for the results to be deemed conclusive or be admissible as evidence in a paternity matter, the test must be legitimate. The usual, and more than reasonable, expectation is that the laboratory where you take the genetic test to be used as evidence in a paternity matter is a court-approved facility, or one that has the required accreditation from the state agencies appointed by the US Department of Health and Human Services.

Default Judgment in Paternity Case

Should a putative father fail to respond to a summons in a paternity case within the time frame established by law, the family court may enter what is known as a default judgment. A default judgment declares the putative father the legal father of the subject child. In the absence of some extraordinary circumstance, a default judgment cannot be easily set aside once it is entered as the final order of the court.

How Does an Unmarried Father Establish Paternity of their Child at the Time of Birth?

When his baby is born, if the father is not married to the child’s mother, he has the option of signing a form called an Acknowledgment of Paternity. Signing this form is totally voluntary. The form is available at hospitals, local district child support offices, and local birth registrars. If necessary, he can file a petition in family court to have the court determine paternity.

What if You Need to Have a Paternity Declaration Legally Invalidated or Rescinded

You have the right to have a paternity declaration rescinded if you need to. Your request to have this done needs to be filed within 60 days of signing the declaration. Under certain circumstances, the judge can rule to invalidate the declaration after more time than that has gone by. If you are able to present the irrefutable results of a DNA test to the court, for example, those results are evidence that will support ruling a paternity declaration invalid. Nevertheless, it is well worth noting that family court judges are legally required to put a combination of factors under consideration before entering a decision on any paternity matter. In making a decision of which to overturn – a paternity declaration that was signed by the presumed father in the presence of witnesses, or the reliable outcome of a DNA test – the courts will additionally uphold the circumstances to the “best interest of the child” litmus test. In addition, the possibility that there may be a deep connection between the child and their biological father is an important factor that judges are required to include in their ruling.

Get Yourself a New York City Paternity Lawyer

Work with a family attorney who is familiar with the paternity legislation in New York if you are seeking to start a paternity case. A mother who is preparing to file for child support should also look for an experienced NY paternity lawyer to get court-recognized paternity of the presumed father.

It would behoove any person facing the challenges of a paternity case to seek legal representation. A New York paternity lawyer will schedule a free consultation to discuss a case and a prospective client’s legal rights. Customarily, there is no fee for an initial consultation in a paternity case

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