This form is a generic affidavit that may be referred to when preparing an affidavit of a married man whose wife gave birth to a child and he is not the father of the child.
New York Affidavit of Husband Denying Paternity of the Child
Category:
State:
Multi-State
Control #:
US-01480BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Affidavit Of Husband Denying Paternity Of The Child?
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FAQ
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.
Paternity gives certain rights and responsibilities to the father. The father must support the child until age 21 or until the child is emancipated before age 21. He has the right to make important decisions for the child equal to that of the mother, unless a court has ruled otherwise.
Court Order Establishing Paternity If at this hearing, the man you think is the father denies that he is your child's father, then the judge will often require him to get a DNA test to resolve the issue. This DNA test will be used as evidence that he either is or is not the father of your child.
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.
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.
If a man was not married to the mother of the child, he has no obligation to pay support for the child, and has no legal right to custody or visitation with the child, unless he is legally named the father of the child, through an order of filiation or an acknowledgment of paternity.
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.
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.
