Establishing paternity is an important legal process that ensures a child’s biological father is identified and can provide financial support, medical benefits, and other necessary rights and responsibilities. In New York State, paternity can be established by signing a voluntary Acknowledgment of Paternity form, through a court order, or through a DNA test.
However, paternity orders are not set in stone, and circumstances may change, requiring modifications to be made to the original order. This blog post will outline the steps necessary to modify a New York paternity order.
Determine the Type of Paternity Order
The first step in modifying a New York paternity order is to determine the type of order that was originally issued. There are two types of paternity orders in New York:
An Order of Filiation: This order is issued by a judge after a paternity hearing has been held. It establishes the biological father of the child and can also establish custody, visitation, and child support.
An Acknowledgment of Paternity (AOP): This is a form signed by both parents and filed with the New York State Department of Health. This form establishes paternity but does not establish custody, visitation, or child support.
Determine the Grounds for Modification
To modify a paternity order in New York, you must have a valid reason for doing so. Some common reasons for modifying a paternity order include:
- A change in the child’s needs or circumstances, such as a change in medical needs or schooling requirements.
- A change in the financial circumstances of one or both parents, such as a job loss or promotion.
- A change in the custody or visitation arrangement, such as a move to a different state or a change in the child’s needs.
New evidence was not available at the time the original order was issued.
File a Petition for Modification
Once you have determined the type of paternity order and the grounds for modification, the next step is to file a petition for modification with the court that issued the original order. The petition should include the following information:
- The names of the parties involved in the case include the child and both parents.
- The date of the original order and the type of order issued.
- The grounds for modification.
- Any supporting evidence or documentation.
- A proposed modification to the original order.
Attend a Court Hearing
After the petition is filed, a court hearing will be scheduled. At the hearing, both parties will have the opportunity to present evidence and argue their case. The judge will then make a decision based on the evidence presented and any applicable laws.
Obtain a Modified Order
If the judge approves the petition for modification, a modified order will be issued. The modified order will outline the new terms and conditions of the paternity order, including custody, visitation, and child support.
Serve the Modified Order
Once the modified order has been issued, it must be served to the parties involved. This means that a copy of the order must be delivered to both parents and any other parties affected by the modification, such as a new custodial parent or a child support enforcement agency.
Comply with the Modified Order
It is important to comply with the terms of the modified order once it has been issued. Failure to comply with the order can result in legal consequences, including fines and even jail time.
If you have trouble complying with the modified order, such as if you are unable to make child support payments, you may be able to request a modification to the modified order. This process is similar to the initial modification process and requires a valid reason and a petition for modification.
As a team of experienced family law attorneys, we can provide comprehensive legal assistance for modifying New York paternity orders. Our team includes Michael D. Schmitt, ESQ., who has extensive experience representing clients in paternity cases and understands the complexities involved in modifying paternity orders.
We can evaluate your case, prepare the necessary legal documents, represent you in court, and ensure that you comply with the terms of the modified order. We will work to protect your rights and interests throughout the modification process and ensure that your child’s best interests are taken into account.
With our experience and knowledge of family law, we can help you navigate the legal process with confidence and ensure that your rights and interests are protected. We are dedicated to providing personalized and compassionate legal representation for our clients and will work tirelessly to achieve the best possible outcome for you and your family.