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Family & Divorce

Denial of Paternity

You have been named as a child's father in a Family Court petition, or you signed a form years ago and now doubt it, and you want to know how a denial of paternity is actually raised.

Reviewed

01 GUIDE

Denial of Paternity: what usually happens

Saying no in court, not just in conversation

If a paternity petition names you, the place to deny it is in court. Telling the other parent you are not the father does not stop the case, and failing to appear can lead to an order of filiation being entered by default, followed by a child support order. At the first appearance you can deny paternity and ask for genetic testing, which courts commonly order when parentage is genuinely disputed. A support order can reach back to when the case was filed, so delay tends to cost money rather than save it. If you are serving in the military or live in another state, say so early, because that affects how the case proceeds.

When testing may not settle it

Genetic results usually carry great weight, but New York courts can decline to order testing when doing so would harm a child who has come to rely on a man as a father. The doctrine works in both directions: it can stop a man who has acted as a father from later denying paternity, and it can stop a mother from denying the role of a man the child knows as a parent. A child born to a married mother is also presumed to be her spouse's child, which can complicate a denial. If you previously signed an acknowledgment of paternity, the room to challenge it narrows considerably once the initial rescission window has passed.

Facts we need early

In a first meeting we review the petition or any order already entered, when and how you were served, and whether you signed an acknowledgment or appear on the birth certificate. We ask about your relationship with the child over time, since that history can matter as much as biology. If an order was entered against you without your participation, we look at whether there is a basis to vacate it and how quickly to move. Bring any test results, communications with the other parent about the child, and records of money you have paid. We also talk about what you want if testing confirms you are the father, because the case often turns to custody and support next.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about denial of paternity and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.