Which party typically has the responsibility for establishing paternity in New York?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

In New York, the responsibility for establishing paternity often falls on both parents, particularly when child support is involved. It is important to understand that paternity must be established to determine the legal father of a child and to ensure that the child has rights to support and inheritance. This legal recognition also facilitates access to benefits such as health insurance and social security.

The custodial parent alone typically cannot unilaterally establish paternity without some legal acknowledgment from the non-custodial parent, such as signing a Declaration of Paternity or being adjudicated as the father through a court process. Likewise, child support enforcement authorities can pursue paternity testing and enforcement actions, but they do so as part of a legal framework that necessitates the involvement of both parents.

Failure to establish paternity can lead to significant challenges for a child seeking support from a non-custodial parent, making it a critical issue that both parents share responsibility for addressing, particularly when disputes arise regarding custody or financial obligations. Thus, the correct notion is that both parents are engaged in this process, underscoring the collaborative efforts required to determine legal parenthood in the context of New York law.

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