Paternity Lawyer Monroe County, NY
You just received a paternity petition in Monroe County, or you suspect you are not the biological father of a child you have been supporting. Whether you are a mother seeking to establish paternity to secure child support and custody arrangements, or a father seeking to protect his rights, the legal process can be overwhelming. In New York, paternity determinations are made by the Monroe County Family Court, and sometimes the Supreme Court, under the New York Family Court Act and Domestic Relations Law. The outcome affects parental rights, visitation, support obligations, and the child’s future. Law Offices Of SRIS, P.C., through Mr. Sris and his Of Counsel, represents clients in paternity disputes in Monroe County, including Rochester, Irondequoit, Greece, Brighton, and surrounding communities. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Paternity Means in Monroe County, New York
Paternity is the legal determination of a child’s father. In New York, this determination can be made by the child’s birth certificate if the parents are married, by an acknowledgment of paternity if the parents are unmarried but agree, or by a court order after a petition is filed. The Monroe County Family Court, located at 99 Exchange Boulevard in Rochester, handles paternity petitions. The court may require genetic testing if paternity is disputed. Establishing paternity creates legal rights and responsibilities, including the child’s right to inherit, the father’s right to seek custody or visitation, and both parents’ obligation to provide financial support.
Under New York’s Family Court Act, any party with a legal interest—such as the mother, the alleged father, the child, or a social services agency—may file a petition to establish paternity. The court will consider evidence, including genetic test results and the circumstances of the child’s conception. Once the court declares paternity, it can also address related issues like child support, custody, and visitation. Mr. Sris and his Of Counsel appear regularly in the Monroe County Family Court and are familiar with the local procedures and the judges’ expectations. Our firm helps clients navigate this process, from gathering evidence and filing petitions to representing them at hearings.
Paternity cases in Monroe County can also intersect with divorce proceedings in the Supreme Court if the parents are married and seeking a divorce. In those instances, paternity may be a factor in determining child custody, equitable distribution, and spousal maintenance. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Regardless of the court in which the matter is heard, the experience of Law Offices Of SRIS, P.C. helps ensure that your rights are protected and that the best interests of the child are central to the resolution. Our firm serves clients from Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates. Reach our location at (888) 437-7747.
How Mr. Sris and His Of Counsel Handle Paternity Cases
Paternity matters require a careful approach that balances legal arguments with family relationships. Mr. Sris and his Of Counsel begin by meeting with the client to understand the circumstances. They gather relevant documentation, such as any existing acknowledgment of paternity, birth certificates, and communication between the parties. If genetic testing is necessary, they coordinate with accredited facilities and ensure the results are properly admitted in court.
In many cases, paternity can be resolved through agreements negotiated between the parents, with the firm’s guidance. This can avoid a contested hearing and reduce the emotional strain on all involved. If an agreement cannot be reached, the firm is prepared to represent clients at trial in the Monroe County Family Court. Mr. Sris, a former prosecutor, brings trial experience to the courtroom, while his Of Counsel team contributes extensive combined legal experience. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which he established in 1997. A former prosecutor, he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has represented clients in family law, criminal defense, and immigration matters across the East Coast. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys work collaboratively under Mr. Sris’s guidance. Together, Mr. Sris and his Of Counsel have handled a significant number of family law cases, including paternity, custody, and child support. Their combined legal experience strengthens the firm’s ability to serve clients throughout New York. Reach our location at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
How is paternity established in New York?
Paternity can be established in New York through a voluntary acknowledgment of paternity signed by both parents or by a court order after a paternity petition is filed. If the parents are married, the husband is presumed to be the father, but that presumption can be rebutted with genetic testing. In Monroe County, paternity petitions are filed in Family Court, and the court may order DNA testing if the alleged father contests paternity.
Do I need a lawyer for a paternity case?
You are not required to have a lawyer for a paternity case, but representation helps protect your rights and navigate the legal process. A paternity determination can have long-term consequences for custody, visitation, child support, and inheritance. An experienced attorney can help you understand your options, evaluate the strength of the evidence, and advocate for a fair outcome in Monroe County Family Court.
Can a father get custody or visitation after paternity is established?
Yes, once paternity is legally established, a father can petition the court for custody or visitation rights. New York courts decide custody and visitation based on the best interests of the child, without a presumption in favor of the mother. In Monroe County, the Family Court will consider factors such as the child’s relationship with each parent, the parents’ ability to cooperate, and the child’s wishes if the child is old enough. Mr. Sris and his Of Counsel can assist with petitions for custody or parenting time.
What if I am not the biological father but I signed an acknowledgment of paternity?
An acknowledgment of paternity can be challenged in court if you have evidence that you are not the biological father and the acknowledgment was based on a mistake or fraud. New York law allows a party to rescind an acknowledgment within 60 days of signing, or later under certain circumstances, such as fraud or material mistake of fact. If you believe you are not the father, it is critical to act quickly and speak with an attorney. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
How is child support calculated once paternity is established?
After paternity is established, child support in New York is calculated under the Child Support Standards Act, which applies a statutory percentage to the parents’ combined income. The percentage is 17% for one child, 25% for two, and increases for additional children, up to a statutory cap. The Family Court in Monroe County will issue a support order that takes into account each parent’s income, the number of children, and any extraordinary expenses. Our firm helps ensure that support calculations are accurate and that the order reflects the true financial circumstances of both parents.
Can paternity be established if the alleged father lives in another state?
Yes, paternity can be established even if the alleged father lives outside New York, but the process may involve interstate coordination. Under the Uniform Interstate Family Support Act, New York can assert jurisdiction over an out-of-state alleged father for purposes of paternity and support. The court can order genetic testing and, if paternity is confirmed, issue a support order that can be enforced across state lines. Mr. Sris and his Of Counsel have experience with multi-state family law matters and can guide you through the interstate process.
Related Pages:
- Family Law Lawyer New York County (Manhattan)
- Family Law Lawyer Kings County (Brooklyn)
- Family Law Lawyer Queens County (Queens)
- Family Law Lawyer Richmond County (Staten Island)
- Family Law Lawyer Nassau County (Long Island)
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