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Grounds upon which to challenge paternity in New York

Questioning paternity is one of the most traumatic issues that can arise in a family. In most cases, one or both parents want to resolve the matter as quickly as possible so that they can make important decisions about their future. A speedy resolution also benefits the children because it enables them to know who is and is not their true father.

Most people find it beneficial to seek professional assistance from a family law attorney when resolving questions of paternity. Your lawyer can help you choose the appropriate grounds upon which to make the challenge. In New York, a challenge of paternity may revolve around one or more of the following grounds.

  • Proof that the child's mother was unfaithful during the window of conception
  • The putative father receives a diagnosis of sterility or infertility in a clinical setting
  • Evidence that the lab that performed a paternity analysis has a history of making mistakes
  • Evidence that the lab results were tampered with or that the DNA sample tested came from another party

Either the child's mother or the child's supposed father can initiate a paternity challenge by filing a formal complaint with a family law court. In turn, the court will look at all relevant forms of evidence when making its decision. Two examples of such evidence include fresh DNA tests and the putative father's medical records.

Obviously, these types of family law issues are painful and disturbing for parents and children alike. However, the final outcome of challenging paternity can bring relief and peace of mind to all involved parties. To learn more, contact a family law attorney near you for advice.

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