Proving or Disproving Fatherhood
Paternity Claim, Visitation Rights and Child Support Lawyer
The law firm of Keith B. Schulefand, Esq., handles all issues relating to New York paternity law. I represent married or unmarried parents:
- Mothers seeking to establish paternity for child support
- Men seeking to establish paternity for visitation or joint custody
- Men seeking to challenge a paternity claim
- Men who are no longer sure they are the father
I have practiced as a family law attorney for 19 years, serving clients in Williamsville, Amherst, Clarence, Greater Buffalo, and throughout Erie and Niagara counties. Call for a free initial consultation at 716-632-5919.
Establishing Paternity
If you are a seeking financial support for the care of your child and the father disputes paternity, or if you wish to assert your father's rights, I can arrange voluntary DNA testing or file a paternity claim in family court to compel testing. The DNA test will determine with certainty whether a man is the father or not.
If paternity is proven, I can help with the petitions to legally establish parentage and determine child support. I can also represent either party in seeking or challenging visitation/custody.
Denying Paternity
- If the DNA test comes back negative (and you are not married to the mother), the paternity claim will be dismissed.
- If the test is positive, the mother can seek future support payments as well as unpaid child support payments retroactive to the date of birth. I can represent you in negotiations to reduce or defer arrears ordered by the court and, if desired, represent you in proceedings to establish parental rights.
- New York law presumes that any child born during your marriage is yours. If you now suspect you are not the real father, you have a short window to seek a DNA test to prove that the child is not your child. Generally, you must challenge paternity before the child is one year old, but exceptions may apply.
- Even if the mother lied about you being the father, you may not be able to "undo" paternity. New York’s highest court has ruled that it would not be in the child's best interest to terminate the parental relationship of a man who discovered several years later he was not the biological father. This is referred to as paternity by estoppels — you are "stopped" from denying parental responsibility, even if a DNA test proves the child is not yours!
This Web site is not intended as a substitute for legal advice. There may be exceptions or viable legal challenges in your specific case. Contact my Williamsville office at 716-632-5919 to arrange private consultation about your paternity matter.
