When a child is born during a valid marraige, that child is presumed to be a child of the husband and wife.  When a child is born to unmarried persons paternity must be established before a New York Court will address the issues of custody, visitation or child support.  Paternity can be established by the parents signing an acknowledgment of paternity form or by a Court proceeding.  Generally paternity proceedings are brought in the Family Court of the county where the child resides.  A paternity petition can be filed by either parent.  However, if you are considering filing a petition for paternity in New York, you should keep in mind that following the establishment of paternity the Court will immediately proceed to the issue of setting appropriate child support for that child.  Additionally, once paternity is established either parent may petition the Court for custody or visitation.

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