Paul W. Matthews: Experienced but affordable family lawyer
ExperiencedStaten Island Paternity Lawyer | DNA Testing & Fathers’ Rights
My name is Paul W. Matthews. I am an experienced family law attorney. Establishing paternity—now legally known as parentage under New York’s updated Family Court Act—is one of the most important steps a parent can take. Whether you are a father seeking visitation, a mother seeking accurate child support, or a parent involved in a complex family law dispute, establishing parentage directly affects your rights, responsibilities, and your child’s future. Before proceeding, obtaining proper legal advice and engaging in thorough consultation can ensure that all parties come to a mutual agreement beneficial for the child involved.
I am a Staten Island family law attorney with decades of experience representing parents in paternity, custody, visitation, child support, and related Family Court cases. I represent clients throughout Staten Island neighborhoods such as Grasmere, Clifton, Dongan Hills, South Beach, Midland Beach, New Dorp, and Great Kills, and I also take cases in Manhattan and Brooklyn. I maintain a Manhattan office at 90 Broad Street in the Financial District.
If you need help with a Staten Island paternity case, call me directly at (347) 461-0760. I answer my own phone.
Parentage in New York: What Changed and Why It Matters
New York amended the statute to replace “paternity” with the broader concept of parentage. This change recognizes that families can be biological, marital, same-sex, or created through assisted reproduction.
Even though the term changed, the Family Court process remains familiar:
- Filing a parentage petition
- Court appearances at 18 Richmond Terrace in Staten Island
- DNA testing when appropriate
- Hearings before a Support Magistrate
- Issuance of a legally binding Order of Parentage
Parentage establishes legal rights, financial responsibilities, and parent–child relationships that affect every part of a family’s life. Engaging in a preliminary consultation with a family law attorney can help streamline this process effectively.
The Acknowledgment of Paternity (AOP): Establishing Parentage Without Court
One major pathway to establishing parentage—often overlooked—is the Acknowledgment of Paternity (AOP). This is a voluntary legal document that creates a binding parent–child relationship without a court case.
Where an AOP Can Be Signed
An Acknowledgment of Paternity may be signed:
- At the hospital immediately after the child’s birth
- Afterward, at the Staten Island Family Court petition room
- At the Office of the City Clerk
- At the Office of Child Support Services (OCSS)
- At any authorized agency with a notary available
Both parents must sign the same form, although not necessarily at the same time.
I do have a case now where the father didn’t sign at the hospital but when the mother lost her copy of the birth certificate she was given an acknowledgment form which she gave to the father and he allegedly forged her signature as well as the signatures of both witnesses. Legal advice in such scenarios is crucial to reach an agreement or resolve disputes.
Important Legal Requirements
To be valid, an AOP requires:
- Both parents’ signatures
- notarized signatures of 2 witnesses to the signing
- Signatures that are properly witnessed or notarized
- Written notice to both parents of their legal rights and consequences
- Filing with the NYC Department of Health
Once filed, the AOP becomes a legal finding of parentage, equal to a court order.
When an AOP Should Not Be Signed
A voluntary acknowledgment should not be signed without careful consideration in the following circumstances::
- There is uncertainty about the biological father
- Another man may qualify as a presumed parent
- A long-term caregiver could raise equitable estoppel issues
- The mother is married and the marital presumption is involved
- An alleged father wants a court-ordered DNA test before taking legal responsibility
Signing an AOP creates immediate financial and legal obligations, including the duty to pay child support.
Revoking or Challenging an AOP
An AOP may be challenged only under limited circumstances:
- Within 60 days, either parent may rescind
- After 60 days, challenges are allowed only for fraud, duress, or material mistake of fact
- DNA testing is not automatically granted after the rescission period
- The court can apply equitable estoppel, preventing a challenge
In Staten Island Family Court, rescission cases often involve complex evidence and require experienced legal representation following thorough consultation for the best course of action.
Why Establishing Parentage Is Essential for Fathers
A father cannot request visitation through the court system without legal parentage. He cannot obtain a parenting schedule, challenge relocation, or participate fully in decisions about education or medical care.
At the same time, the court may still order temporary child support even before parentage is firmly resolved.
Once parentage is legally established, fathers may pursue:
- Regular visitation or parenting time
- Holiday and vacation schedules
- Joint decision-making on education, medical care, or religion
- Enforcement of visitation and custody rights
- Involvement in school and health decisions
This is why early legal representation in Staten Island is critical for fathers who want to protect their rights and maintain a meaningful relationship with their children. An agreement reached through proper legal channels is always advised.
The Presumption of Parentage for Married Couples
New York maintains a strong marital presumption of parentage:
A child born to a married couple is presumed to be the child of both spouses.
This presumption protects the child’s stability and can apply even when:
- The spouse is not the biological parent
- The couple used assisted reproduction
- A biological father later seeks to intervene
Staten Island Family Court judges view this presumption as child-centered, not parent-centered. Biology does not automatically overcome it. The court looks at the child’s relationship with each parent, the length and quality of the parental bond, and whether changing legal parentage would disrupt the child’s life.
However, the law has changed in recent years, although some judges may not have kept up with it. Consulting with an experienced attorney ensures that all aspects of your case are up to date.Recent case law says that the presumption can be rebutted by a DNA test. In cases like these involving child custody, the assistance of family law attorneys is often crucial to navigate the complexities of legal challenges effectively.
Equitable Estoppel in Parentage Cases
Equitable estoppel prevents a parent or alleged parent from asserting or denying parentage when doing so would harm the child. This concept is vital in child custody cases and often requires the insight of experienced family law attorneys to address the unique dynamics involved.
Blocking a Denial of Parentage
If a man has acted as a child’s father—financially, emotionally, or through consistent caregiving—the court may prevent him from denying parentage, even if DNA testing would exclude him. Assistance from family law attorneys can guide individuals through these emotionally charged situations, ensuring the interests of the child are prioritized.
Blocking a Biological Father’s Claim
If a child has a stable, longstanding parental relationship with another person, the court can bar a biological father from asserting rights. In these scenarios, family law attorneys play a critical role in the decision-making process, as courts are primarily concerned with the best interests of the child, which are intricately tied with child custody considerations.
In both situations, the key question is:
“Would changing the child’s legal father cause harm?”
These cases are highly fact-specific and often require detailed evidence and careful legal strategy crafted by skilled family law attorneys.
If someone challenges the petition on the basis of equitable estoppell the magistrate must reer the case to a judge. In almost all cases, the court will assign the child his or her own lawyer (unlikely if the child is an infant), and family law attorneys can provide vital assistance during these proceedings, especially in matters concerning child custody.
DNA Testing in Staten Island: Procedures, Reliability & Challenges
DNA testing is often central to parentage cases, but it is not guaranteed in every case. The guidance of family law attorneys can clarify when and how such testing may be invoked, balancing it against other factors relevant to child custody and the stability of the child’s environment.
Where Testing Occurs
Most DNA testing in Staten Island is conducted at an approved laboratory, ensuring that the process meets legal standards and any resulting parentage determinations are robust and defensible with the help of experienced attorneys.
Testing usually involves a simple cheek (buccal) swab from the alleged father, the child, and sometimes the mother. It is also possible to establish paternity with just the alleged father and the child being tested, but always in accordance with legal procedures overseen by family law attorneys.
Reliability of Court-Ordered DNA Tests
Court-ordered DNA tests are extremely accurate, often at or above 99%, provided that:
- Chain of custody is properly documented
- Proper identification is used
- Samples are collected under authorized procedures
Private DNA Tests Are Not Enough
Home kits and private DNA tests are not accepted by the court. The Family Court requires strict chain-of-custody documentation to ensure the integrity of the samples and the reliability of the results. The testing also has to be conducted in an approved lab. When ordered by the court, the costs are much less, and family law attorneys can assist in navigating the procedural complexities involved.
Challenging DNA Test Results
Although rare, challenges to DNA results may be based on:
- Laboratory error
- Improper chain of custody
- Contamination or mishandling of samples
- Questions about whether the correct individuals were tested
These challenges are technical, and they must be raised and argued by an experienced family law attorney, who can provide the necessary assistance to ensure that all avenues of challenge are thoroughly explored in matters of child custody.
I had a case once where the DNA test came up 0% probability but the test stated that one of the “alleles” did not match. However, this was due to a mutation. I asked for a second test at a different lab, as different labs conduct the testing using different allelles, and that test came up clean with a 99% probability of paternity. The assistance of a knowledgeable family law attorney in such cases is indispensable in achieving a fair resolution.
When the Court Refuses to Order DNA Testing
Contrary to popular belief, a judge can refuse to order DNA testing in certain cases. This typically happens when other considerations, including the child’s best interests in custody disputes, outweigh the need for such testing. Family law attorneys are instrumental in articulating these subtleties to the court.
- The marital presumption applies
- Equitable estoppel protects the child’s current family structure
- The child has a longstanding parental relationship with another person
- Testing would unduly disrupt or destabilize the child’s life
- A biological father waited too long to assert his rights
Under New York law, DNA testing is not treated as an automatic “right” for adults. It is a tool the court may use, if appropriate, after considering the best interests of the child, often in consultation with experienced family law attorneys who provide strategic assistance in custody and parentage matters.
Jurisdiction Issues for Out-of-State Fathers
Parentage cases involving out-of-state fathers can raise complex jurisdictional questions. Here, the assistance of family law attorneys is crucial for understanding how these issues impact child custody and support obligations.
When New York Has Jurisdiction
New York may have jurisdiction if:
- The child lives in New York
- child born in new york
- childl concieved in new york
- The mother lives in New York
- The alleged father has sufficient ties to the state
- The alleged father appears in the case and does not contest jurisdiction
- other infrequent situations- you should consult an attorney in all situations where there is doubt that juridscition is proper.
When New York May Lack Jurisdiction
New York may lack authority to decide parentage when:
- The child was conceived and born in another state
- The father has never lived, worked, or visited New York in a meaningful way
- The father contests jurisdiction and lacks sufficient contacts with New York
The Uniform Interstate Family Support Act (UIFSA) may permit New York to establish support, but not necessarily parentage. These jurisdiction issues can significantly affect a father’s rights, and it is advisable to review them with family law attorneys who specialize in these areas.
How Parentage Cases Proceed in Staten Island Family Court
1. Filing the Petition
Either parent may file a petition in the Staten Island Family Court petition room at 18 Richmond Terrace. The petition must adhere to specific requirements, which are often best navigated with the guidance and assistance of family law attorneys.
- State the basis for parentage
- Identify any presumed parents
- Describe the relationship between the parties and the child
2. First Appearance
At the first appearance, the parties will usually appear before a Support Magistrate. The Magistrate may address preliminary issues, and family law attorneys often provide critical assistance in these early stages of the process.
- Order DNA testing
- Set a schedule for further hearings
- Issue temporary child support orders
- Appoint an Attorney for the Child
3. Hearings
If the case is contested, hearings may involve:
- Testimony from the parents and other witnesses
- Documents, photographs, and other evidence
- Cross-examination by the attorneys
- Occasional expert testimony in more complex matters
4. Order of Parentage
After the court resolves the issues, it will issue an Order of Parentage. Once parentage is established, either parent may file for child custody and related matters, with the assistance of family law attorneys who ensure that proceedings are handled efficiently and effectively.
- Custody
- Visitation
- Child support
- Enforcement of existing orders
- Modification, if circumstances change
Why Hire a Staten Island Paternity Lawyer
Parentage cases affect a wide array of legal and personal considerations:
- The right to have a relationship with your child
- Your financial responsibilities and child support payments
- Your ability to seek visitation or influence important decisions
- The long-term emotional stability of your family
As a Staten Island and Manhattan family lawyer, I handle an array of legal matters, including:
- Contested and uncontested parentage (paternity) cases
- DNA testing disputes
- Equitable estoppel litigation
- Marital presumption cases
- Jurisdiction challenges involving out-of-state fathers
- Visitation and custody after parentage is established
- Child support establishment, enforcement, and modification
If you need help with a Staten Island paternity or parentage case, call me directly at (347) 461-0760. I answer my own phone and represent parents throughout Grasmere, Clifton, Dongan Hills, South Beach, Midland Beach, New Dorp, Great Kills, and all of Staten Island, as well as in Manhattan and Brooklyn Family Courts. My assistance encompasses a variety of family law issues, particularly those involving child custody and the complex interplay of parentage rights.
About Paul W. Matthews, Esq.
Paul W. Matthews is an experienced Staten Island family law attorney with more than 25 years of trial experience in New York Family Courts. He has handled hundreds of cases involving child custody, visitation, paternity, child support, and Family Court orders of protection.
He represents clients throughout Staten Island from his office near Grasmere and also maintains a Manhattan office at 90 Broad Street in the Financial District for parents with matters in Manhattan or Brooklyn Family Court.
Paul personally answers his own phone and provides direct, individualized representation in every case. His practice emphasizes clear communication, practical strategy, and strong advocacy in custody, visitation, support, and parentage cases in the Staten Island Family Court at 18 Richmond Terrace.
Call Paul directly: (347) 461-0760