917-924-9790
Living in New York City, we navigate complex relationships every day, and nothing is more important than the well-being of our children. When you and your co-parent were never married, the end of your relationship can feel especially difficult, leaving you with urgent questions about where you stand legally. You want to know if you have a voice, if your child’s claims matter, and what rights of unmarried parents are protected under New York’s custody and support laws.
We understand that you need clear, compassionate legal advice right now. We want you to know that the legal system is built to protect the children of all parents, regardless of marital status. Whether you are walking into the Family Court on Lafayette Street in Manhattan or filing papers in one of the other boroughs, your claims deserve meticulous preparation and a firm voice.
Our legal team sees you as a parent on equal ground with any others, seeking solutions for your family. We will explain the precise steps New York State requires to secure your parental relationship and establish court-ordered custody and support.
What is the Importance of Establishing Paternity?
If you were married when your child was born, the law already presumes both spouses are the legal parents. For unmarried parents, however, the process starts differently. For the biological mother, her status is automatically established at birth. For the biological father, you must take the critical first step to gain all legal rights and responsibilities.
Until legal paternity is established, the biological father has no legal right to seek custody, visitation, or even receive notice of adoption proceedings. He also has no legal obligation to provide financial support. This is a crucial area where assertive, upfront action is required to protect the long-term relationship you want with your child.
How Does New York Recognize Legal Fatherhood?
New York State provides two main pathways to establish legal paternity. Both methods grant the father the same parental rights.
- Voluntary Acknowledgment of Parentage (AOP): If both parents agree on paternity, they can sign an AOP form, typically available at the hospital or the local Department of Social Services. An AOP establishes paternity without requiring a court appearance. Once signed, it creates a binding legal status that can only be rescinded by filing a petition in Family Court within 60 days of signing, or by proving fraud, duress, or material mistake of fact later on
- Order of Filiation: If the parents disagree or one parent refuses to sign the AOP, the mother or the father can file a Paternity Petition in Family Court. The court may order genetic marker or DNA tests. If the test results confirm paternity, the judge issues an Order of Filiation, legally naming the father and giving him the standing to seek custody and visitation
Once the father is legally recognized, the court treats both parents equally. Our entire approach is built on ensuring that legal standing is secured so we can confidently move forward.
What Does New York Law Say About Child Custody for Unmarried Parents?
Once legal parentage is established, either parent can petition the Family Court or the Supreme Court for an order regarding custody and visitation.
The key question for the court is not who the biological mother or father is, but a singular, decisive principle, which is the following:
What is in the Best Interests of the Child?
Every custody decision in New York State is based entirely on the Best Interests of the Child standard. Judges evaluate a comprehensive list of factors to determine the best arrangement for the child’s well-being and stability. This standard is applied without gender bias, asserting that a father’s role is just as essential as a mother’s.
NYC family law judges consider many factors, including the following:
- The ability of each parent to provide for the child’s daily needs, including food, clothing, and shelter in a stable environment
- The overall mental and physical health of each parent
- Which parent has historically been the child’s primary caretaker?
- The quality of the home environment that each parent can provide
- Each parent’s willingness to support and promote a relationship between the child and the other parent
The court will listen to their preference if the child is old enough to form a meaningful opinion. Ultimately, though, the judge makes the final decision based on their detailed review of the evidence in the custody case.
Defining Custody and Visitation
When we talk about custody, we mean two distinct things:
- Legal Custody: This grants the parent the right to make significant decisions concerning the child’s life, such as education, health care, and religious upbringing. This is often awarded jointly to both parents
- Physical Custody: This determines where the child lives most of the time. The non-residential parent is typically awarded visitation or parenting time
We work meticulously to help you prepare your case, ensuring that your hands-on commitment to your child’s daily life is clearly presented. We build a record showing your involvement in school meetings, doctor appointments, and other essential areas, proving to the court that you actively prioritize your child’s needs.
How Does Child Support Work for Unmarried Parents in NYC?
Child support ensures that both parents contribute fairly to the financial needs of the child until the child turns 21 or becomes emancipated. New York uses a predictable formula governed by the Child Support Standards Act (CSSA), found in the Domestic Relations Law and Family Court Act § 413.
The law establishes a three-step formula to calculate the basic child support obligation:
- Calculate Combined Parental Income: We first determine the gross income for both parents and subtract mandatory deductions like FICA and local income taxes. The resulting figure is the “combined parental income”
- Apply the Statutory Percentage: The court applies a fixed percentage to this combined income, typically up to a statutory cap (which adjusts every two years). These percentages are based solely on the number of children:
- One Child: 17%
- Two Children: 25%
- Three Children: 29%
- Four Children: 31%
- Five or More Children: At least 35%
- Determine Proportional Share: The total obligation is then divided between the parents based on their respective proportionate shares of the combined income. For example, if you earn 60% of the combined income, your share of the total support obligation is 60%
Does a Child Support Order Ever Deviate from the Guidelines?
The basic obligation only covers food, clothing, and shelter. The court must also prorate certain necessary expenses, or add-ons, between the parents. These typically include the child’s health insurance costs and necessary childcare expenses while the custodial parent is working or in school.
The court may also choose to deviate from the statutory percentages if the amount is found to be unjust or inappropriate. For parents with combined income above the statutory cap, the judge has discretion whether to apply the percentage to the excess income, considering the child’s standard of living and needs. This is where our insightful legal representation becomes crucial, as we advocate for an amount that truly reflects your child’s needs and your financial reality.
Contact Our Manhattan Law Office to Request a Free 30-Minute Case Consultation
Dealing with the New York Family Court system can feel intimidating. We want you to know that the attorney and his legal staff are committed to giving you the personalized attention you deserve. We advocate for our clients with assertion and uncompromising integrity because we believe in the claims you bring to our offices.
We make ourselves accessible, often connecting with clients late into the night or over the weekend, because we know that your worries do not follow a nine-to-five schedule. We take a hands-on approach, meticulously preparing every detail of your case to position you for long-term success. If you are questioning your standing as an unmarried parent in New York, we are here to help you find solutions.
We welcome you to speak with the lawyer and his legal team about your situation. Contact us today for a free 30-minute case review.
Click to call us at 917-924-9790.
