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Module 1: Overview of NYS CSE Program

Paternity Establishment

caseworker and non-custodial parent

Paternity Establishment is the process of legally determining the father of a child born out-of-wedlock. If a child is born while the mother is legally married, the law presumes that her husband is the child's father. However, this may be rebutted by clear and convincing evidence.

If the parents are not married, paternity is established either by:

  • both parents completing and signing a voluntary Acknowledgment of Paternity form
  • a parent filing a paternity petition with the Family Court and obtaining an order of filiation.