-  The mother of a child who wishes to establish paternity in order to receive child support  

  -  The father of a child who wishes to petition for paternity so that he may be entitled to child custody and visitation rights. 

  -  A potential or alleged father who may be ordered to pay support. 

  -  Issues involving inheritances and estates.   

As determined by law, a child born to a woman during marriage is presumed to be the husband's child. This assigns the husband complete rights, duties, and obligations as a parent despite the fact that he may not be the biological father. A formal adjudication of paternity in the husband's favor can be established by the Court during the process of a paternity test, divorce, separation or annulment.  

In cases of an unwed mother, a man may come forward and acknowledge paternity and accept responsibility for the child, or the mother may petition the Court for a determination.  

When paternity is called into question before the Court, one or several potential fathers are determined based on initial sworn testimony and statements. Hospital records and birth certificates are not enough for presumption of lawful paternity. The Court will investigate the sexual relations of the mother with the men called into question, scientific proof that shows genetic relatedness and likelihood of paternity, and other admissible evidence. 

If you need legal assistance with paternity issues, please call us at
(518) 218-7100 or email