New York Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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US-01352BG
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Description

Putative father means a reputed father, as established by: any person adjudicated by a court of a state to be the father of a child born out of wedlock.; any person who has filed with the registry before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child; any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person; and any person who has filed with the registry an instrument acknowledging paternity. The majority of the states in the United States have a putative father registry, usually administered by the state's Department of Vital Records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If the parties are married, New York presumes the husband of any children of the marriage. This presumption can be rebutted. It is unclear how this long held presumption will develop over time with same sex couples. Paternity can be established by the proper execution of an acknowledgment of paternity.

However, if a judge orders a paternity test, the mother is legally obligated to comply. Refusing to comply with a court order can result in the mother being held in contempt of court. It's important to seek legal counsel in these situations to understand your rights and obligations.

In New York, joint custody refers to both parents having legal custody of the child. There is both legal custody and physical custody. Legal custody grants the authority to make decisions for the child such as those regarding medical care, education and religious practices. Physical custody is where the child lives.

At any time after the baby's birth, a father can use form OCFS-3780, Instrument to Acknowledge Paternity of an Out-of-Wedlock Child. On the form you will need to provide your name and address; the mother's name and address; and the child's name, birth date, and place of birth.

Who May File a Paternity Petition? The petition may be filed by the child's mother, by a man who believes he is the father of the child, by the child or by the child's guardian.

Statute of Limitations The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.

An Acknowledgment of Parentage (AOP) Form is given to the birth parent at the New York City hospital when the baby is born. If the form is completed in the hospital at the time of birth, the other parent's name will appear on the baby's birth certificate.

The way that you will establish paternity will depend on your circumstances. The easiest way to obtain paternity is to have your name put on the child's birth certificate once the child is born. You can also get a court order or have an administrative agency do this for you.

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New York Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother