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Establishing Paternity
What you should know about establishing paternity for your child.
Am I the legal father?
Every child has a biological father. However, if you were never
married to the child's mother, you are not the child's legal father. In order to
become the child's legal father you must take steps to establish your paternity.
Why should I establish paternity?
Unless you establish your paternity, your child may not get the benefits
that come with having two legal parents. Benefits such as:
 | Having a father's name on a birth certificate |
| Getting financial support form both parents (including social security, veterans
benefits, inheritance rights, and child support) or |
| Medical or life insurance from either parent |
How do I establish paternity?
There are two ways for unmarried parents to establish paternity:
| Signing a voluntary form called Acknowledgement
of Paternity (available from hospitals, local district child support
offices and local birth registrars); and |
| Filing a court petition to have the court determine paternity |
Now that I am the legal father, do I get custody or
visitation?
Being the legal father of your child does not automatically mean that you
will get custody or visitation. Custody and visitation are separate issues
from child support and require separate court proceedings. Also, even if you are
denied visitation, you still must continue to pay your child support!
What if I do not pay my child support?
You are legally responsible for paying your child support. If you do not pay,
the amount you owe adds up. The amount that you do not pay is called
arrears, and you will be charged interest on the arrears balance. In order to
collect arrears and interest, child support can:
| Garnish your wages; |
| Take your state and federal income tax refund; |
| Take lottery winnings; |
| Seize your bank account; |
| Suspend your driver's license; |
| Deny your passport renewal; |
| Suspend your professional and occupational license; and |
| request that you be sent to jail |
What if I am not sure I am the father?
If you are not sure that you are the father, do not sign a Voluntary
Acknowledge of Paternity form. If this is your situation, it is best to
let the court determine paternity. When this case goes to court, the court
will order genetic testing to determine if you are the father of the
child. This test involves the mother, child, and alleged father going to a
designated site where a lab technician will rub a swab on the inside of their
cheek. The lab analyzes these samples, and the genetic testing results are
sent to the court. The court will look at the results to the genetic
testing and determine whether you are the father of the child. Genetic
testing is the most accurate way to determine if you are the father of the
child.
I am the legal father of the child.... now what?
Even if your child does not live with you, you will be required by law to make
payment to the person caring for your child. These payments are called
child support payments. New York State law requires you to pay child support
until your child is 21 years old.
What if I have other questions about child support?
Your local child support office will assist you and give you answers to your
questions. Child support staff can also tell you whom to call to get
answers and help on custody and visitation issues.
How do I contact my local child support office?
Call 315-536-5183 or 315-536-5186 in Penn Yan NY
Offices are located at Yates County Department of Social Services
417 Liberty Street, Second floor
Penn Yan, New York 14527
Visit the website below to find out specific information about
your child support account. If you do not have access to the
Internet you can still obtain payment and disbursement information
by calling (800) 846-0773.
http://www.newyorkchildsupport.com
Helpful Hints for Using the
newyorkchildsupport.com website are here.
If you would like this in brochure format please send us an e-mail and we
will mail you a copy. The request form is here.
Publication 4719
New York State Office of Temporary and disability Assistance
Division of Child Support Enforcement
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