Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.
New York Petition By Father of Minor Child For Voluntary Legitimation
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FAQ
Who May File a Paternity Petition? The petition may be filed by the child's mother, by a man who believes he is the father of the child, by the child or by the child's guardian.
The way that you will establish paternity will depend on your circumstances. The easiest way to obtain paternity is to have your name put on the child's birth certificate once the child is born. You can also get a court order or have an administrative agency do this for you.
Most paternity test labs report that about 1/3 of their paternity tests have a 'negative' result. Of all the possible fathers who take a paternity test, about 32% are not the biological father. But remember, this is 1/3 of men who have a reason to take a paternity test - not 1/3 of all men.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
Marriage and the legitimacy of children ing to NY Dom Rel Law § 24, if the parents were married before the child was born, the child is considered a legitimate child of both of the parents. This is the case even if the marriage is void or voidable. A marriage that is void is an illegal marriage.
In most cases, yes, unemployed parents are still responsible for paying their child support obligation. The New York Child Support Enforcement Bureau (CSEB) runs a program called Unemployment Insurance Benefits (UIB) Intercept for unemployed parents with child support obligations.
Should your relationship with the mother end, you may be forced to make involuntary child support payments, even if you are not the biological father of the child. The Law Offices of Schlissel DeCorpo is well known for protecting father's rights throughout the Metropolitan New York area courts.
A putative father, or an alleged father, is a man who does not have an established legal relationship with a child but claims to be the child's biological father. A putative father also may be the man a woman alleges to be the father of her child.