Establishing Paternity in Family Court
© 1997 by Neighborhood Legal Services, Inc.
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I want to establish paternity of my out-of-wedlock child.

Will Neighborhood Legal Services handle my case?

Probably not. Except in exceptional circumstances, this office is not currently representing clients in paternity actions.

Do I have to have a lawyer to start a paternity case?

No, You can file the petition and represent yourself. To do that, go to the Family Court Legal Division, room 404, 25 Delaware Avenue, Buffalo. Tell the receptionist that you want to petition to establish paternity. A clerk will help you prepare the petition.

What information should I bring with me?

The clerk will need to know the other parent's name and address and the child's name and date of birth. If you have a copy of your child's birth certificate, bring it with you.

What if the other party doesn't come to court?

If your child's mother does not show up in court for the first court appearance, the judge will probably tell you that you must serve a summons on her to bring her into court. You will probably need a lawyer to arrange for serving the summons.

What if the other party has a lawyer?

If the other party has an attorney in court, ask the judge to adjourn the case so you can get an attorney.

Will the judge issue an order even though I don't have a lawyer?

If your child's mother admits in court that you are the father of the child, the court will enter an "Order of Filiation" declaring that you are the father of the child.

What provisions can the order contain?

The Order of Filiation may also contain provisions pertaining to custody , visitation, child support and/or money owed to the mother or the Department of Social Services for "pre-court costs", such as birth expenses. Do not consent to any terms unless you understand them and agree with them.

What if the mother denies I am the father?

If she denies you are the father or states she does not know, the court may order blood tests.

What if the Order ddoes not say anything about custody or visitation?

Once you have obtained the Order of Filiation, you may file a petition asking that the order be modified to include the custody or visitation which you desire. Even if the order addresses custody or visitation, you may file a petition seeking a modification if there has been a change in circumstances.

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