Paternity Attorney in Westchester County

Securing Your Parental Rights in New York

If you are dealing with a paternity concern in Westchester County, you may feel stress, urgency, and uncertainty about how the outcome could affect your child and your future. Whether you need to establish parental rights, secure child custody, pay child support, or defend against a paternity claim, these issues can impact your family for years.

At Riebling & Payton, PLLC, we provide trusted legal representation for paternity issues throughout Westchester County. With nearly fifty years of combined experience, our attorneys deliver personal attention and clear advice from your first consultation. We are ready to answer your questions and guide you through every step, always working to bring you clarity and peace of mind.

Ready to secure your legal rights as a parent? Call us today at (914) 712-6878 or connect with us online for a free consultation. Our firm provides 24/7 availability, and the experienced paternity attorney in Westchester County you need for this critical legal matter.

Understanding Paternity Actions and Laws in New York

Paternity is the legal determination of a child's biological father. In New York, these matters are governed primarily by the Family Court Act and are handled within the Family Court system, although paternity issues may sometimes arise in Supreme Court matrimonial actions.

The process of establishing paternity can occur in several ways, but the central goal is always to create a legally binding relationship between the father and the child.

• Voluntary Acknowledgment of Paternity (AOP): This is the simplest way to establish paternity. If both parents agree, they can sign an AOP form, typically at the hospital when the child is born or later at a local Department of Social Services office. Once signed, a properly executed AOP has the same force and effect as an order of filiation from a judge.
• Filing a Paternity Petition: If the father disputes paternity or is unwilling to sign an AOP, either the mother, the child (through a guardian), or a social services official (if the child is receiving public assistance) can file a petition in Family Court to initiate a legal proceeding.
• Presumption of Paternity (Marital Paternity): Under New York law, a child born to a woman while she is married is presumed to be the child of her husband. This is a strong presumption, but it can be rebutted with clear and convincing evidence, usually through DNA testing, if someone seeks to establish that a different man is the biological father.

Our firm focuses on helping clients understand these distinctions and guiding them toward the most effective legal path. Whether you are a mother seeking financial support or a father fighting for access and rights, a skilled Westchester County paternity lawyer is essential to protect your position under New York law.

Real Results for Families in Westchester County

Once the court issues an Order of Filiation, which formally establishes the legal relationship between the father and the child, several immediate and significant consequences follow. Understanding the full impact of this order is critical, whether you are seeking it or defending against it.

• Child Support Obligation: A legal finding of paternity immediately opens the door for a child support order to be issued against the father, requiring him to contribute financially to the child’s upbringing based on the standards set forth in the New York Child Support Standards Act (CSSA).
• Custody and Visitation Rights: The father gains the legal standing necessary to petition the court for orders regarding legal and physical custody and/or a defined schedule of visitation (parenting time) with the child. Without a legal finding of paternity, a father is considered a legal stranger to the child and cannot file for custody or visitation.
• Retroactive Child Support: The court can order the father to pay child support retroactively, dating back to the time the petition was filed, and potentially even further if the mother was receiving public assistance.
• Inheritance Rights: The child gains the right to inherit from the father and the father's relatives.
• Government Benefits: The child may become eligible for benefits tied to the father, such as Social Security benefits (if the father becomes disabled, retires, or dies) or veteran's benefits.
• Health and Medical History: Establishing paternity ensures a full and accurate medical history is available for the child, which can be critical for health and treatment decisions.

If you are a father, a successful paternity action transforms your relationship from a biological one to a protected, legal one. If you are a mother, it secures the child’s financial future. Whether you are initiating or responding to a petition, securing a knowledgeable Westchester County paternity lawyer is indispensable. Our firm is ready to guide you through these consequences and protect your interests.

The New York Family Court Process for Paternity Cases

The Family Court process is distinct from the criminal justice system and requires specialized knowledge of its rules and procedures. When you hire our firm, we provide step-by-step guidance through this process:

1. Filing the Petition: We assist the petitioner in properly drafting and filing the Paternity Petition in the correct Family Court, citing the necessary legal grounds.
2. Service of Process: The petition and summons must be legally served on the respondent (the other party). Proper service is a foundational element, and we ensure all procedural requirements are strictly met.
3. Initial Appearance (Arraignment): Both parties appear before a judge or a Support Magistrate. The respondent officially admits or denies the allegation of paternity. If paternity is denied, the court will typically issue an order for DNA testing.
4. DNA Testing Order and Execution: The court directs the parties to a state-approved lab for cheek swab testing. We monitor this process closely to maintain the integrity of the samples and documentation.
5. Fact-Finding Hearing: If the DNA results are contested, or in rare cases where the results are inconclusive, the court will hold a hearing where evidence and testimony are presented. This is where the skill of a seasoned litigator becomes critical.
6. Order of Filiation: If the court finds clear and convincing evidence (usually from the DNA results) that the man is the father, the judge signs the Order of Filiation.
7. Support and Custody Hearings: Following the Order of Filiation, the court will move on to determine child support and establish an initial order for custody and visitation. These are separate, complex matters often handled by a Support Magistrate.

Throughout this process, our firm handles all communication, filings, and court appearances. We fight to ensure that the eventual orders regarding support, custody, and visitation are fair, equitable, and serve the best interests of the child and our client. Our firm has the resources and commitment to be a decisive paternity attorney in Westchester County for your case.

Why Choose Our Westchester County Paternity Lawyers

Our clients deserve more than routine legal support—they deserve assurance that their unique situation will be handled with care and dedication. At Riebling & Payton, PLLC, your paternity case is managed directly by our lead attorneys, Stephen Riebling and Marcia Payton. We never delegate your matter to associates or staff. 

We have guided clients through paternity matters in Westchester County Family Court for years. This means we understand local procedures and can anticipate questions that often arise here. The issues surrounding paternity are personal and sometimes emotional, so we take a supportive and individual approach.

With offices in Mount Kisco and White Plains, and the ability to meet you where convenient throughout Westchester County, our attorneys are accessible and responsive. We make sure every client fully understands their options and the legal journey ahead. You do not have to face these questions alone—our team is ready to guide and support you.

Our Step-by-Step Approach to Paternity Matters

We believe that an informed client is prepared to make the best decisions for their family. Our process starts with a thorough assessment of your situation. We discuss what you want to achieve, review important documents, and explain what you can expect in Westchester County Family Court.

Guiding You from Consultation to Resolution

Our approach includes these stages:

• Initial case review: We listen to your story, answer your questions, and outline possible next steps.
• Ongoing communication: Our attorneys handle communications with involved parties, arrange for DNA testing if required, and prepare you for hearings or negotiations.
• Direct attorney involvement: You work with our lead attorneys through every phase, not just staff or paralegals.
• Final resolution: We keep you informed at each milestone and help you understand what to expect as your case moves toward a decision in Family Court.

We strive to minimize conflict whenever possible while preparing to assert your rights if the paternity case becomes contested. This balanced approach—combining strong advocacy with personal support—helps our clients feel confident and informed from start to finish.

What to Do Next: Protect Your Rights & Your Child’s Future

If you face a paternity concern in Westchester County, acting quickly can make a difference. Some cases involve deadlines, and delays may impact support, custody, or other important matters. Speaking with a paternity attorney early helps you clarify your rights and build a plan for you and your child.

You can start the process today by reaching out to our team. We are ready to answer your questions, review your individual circumstances, and provide step-by-step guidance. With offices in Mount Kisco and White Plains and a commitment to personal attention, we make your first consultation straightforward and comfortable.

Contact Riebling & Payton, PLLC at (914) 712-6878 to arrange a confidential consultation about your paternity case in Westchester County.