Legal Question in Family Law in New York
palimony
if the ''so called'' father did not sign the birth certificate, does that make it not legal. and therefore he must have paternity tests to prove he is.?
4 Answers from Attorneys
Re: palimony
You are partially correct. The birth certificate is legal, but is not binding on the named father. He may contest his paternity.
It is a simple matter to secure a court order for a blood test of the purported father. Oftern the father will agree without any such order.
The best way is to ask for a voluntary test. If he refuses, then action can be taken. You have the ability to 'speak softly, but carry a big stick'. Do so,for if he is the father, then you will have to 'get along' with him for the next 18 years.
Re: palimony
A birth certificate does not need to be signed by the father in order to become legal. A birth certificate acknowledges the life birth of a baby. If the father wishes to challenge paternity (regardless of whether he is named as father or not on the Birth Certificate) he can apply to the Courts for a Paternity order to test the paternity of the child, if the mother does not consent to allowing for a paternity test.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: palimony
DNA Proof. Acknowledgment or a Court Order Determination, establishing paternity of a child is required, before child support can be ordered, for a child born out of wedlock.
A man is called a "putative" father, if he named on the birth Certificate, as the father; but has not necessarily been "proved," "acknowledged," or "adjudged" to be, "the father" of the child.
A "Putative Father" is NOT obligated to pay support.
Good luck,
Phroska L. McAlister,ESQ
Re: palimony
I would need more information to answer your question.