Experienced Westchester Family Court Attorneys for White Plains, New Rochelle
and Yonkers, NY
The Westchester County Family Courts are located in White Plain, NY, New
Rochelle, NY and Yonkers, NY. Depending on your residence, you will be
assigned to one of these courts for the determination of your Family Court matter.
The Westchester Family Courts are responsible for handling all matters
involving families and children except for
divorce, separation and annulment which are handled by the Westchester Supreme
Court. The most frequently filed cases in the Westchester Family Courts
are the one involving custody/visitation, paternity and child support.
Establishing Paternity in Child Support Cases | Westchester County Family Courts
In many cases,
child support proceedings are commenced by the filing of a Paternity Petition seeking
a DNA or genetic marker test (GMT) to determine the biological father
of the child. When a significant time has passed since the birth of the
child, where someone else has signed the birth certificate or acted as
the father of the child, or in circumstances where the father has been
misled, a respondent-father will undoubtedly raise the legal defense of
Equitable Estoppel is a legal doctrine that is used to prevent the enforcement
of a mother's rights for child support against the alleged father
if the enforcement of those rights would serve to work fraud or injustice
upon the alleged father and the father has been misled by the words or
conduct of the mother into believing that enforcement would not be sought.
While equitable estoppel may be raised as a defense to a paternity petition,
it is not an absolute defense and there are factors that Family Courts
must consider even if the father is successful in raising the defense.
First, the court must consider the possible traumatic effect that terminating
an existing parent-child relationship would have on the child. Second,
the court must safeguard the welfare, stability and best interests of
the child in protecting the legitimacy of the child. Additional factors
that often are considered in determining the best interests of the child
include: the presumption of legitimacy, the lapse of time between the
birth of the child and commencement of paternity proceedings, the psychological
bond, emotional commitment and the financial support provided by the alleged
In some instances, the factors are so persuasive that they have served
to protect the father-child relationship even though a genetic marker
test excludes the person as the father and the courts have upheld the
defense to prevent the payment of child support where a genetic marker
test establishes a respondent as the biological father.
Having an Experienced Family Court Attorney in Paternity Cases is Important
With over 50 years of combined experience, the
family law attorneys of Riebling, Proto & Sachs, LLP, have assisted countless clients in
the Westchester County Family Court in White Plains, New Rochelle and
Yonkers, NY. Throughout these many years of practice we have successfully
represented parents to protect their rights in Child Support and Paternity
cases, ensuring that they are able to assert their rights and protect
Our many existing clients know that we are there to work on their behalf
and will diligently protect their best interests.
If your case involves child support or paternity our family law attorneys
will immediately meet with you to explore the specifics of your case,
begin working with you to develop a strategy about how to protect your
interests in Family Court and see that the strategy is carried out in
such a way that best serves you.
Your rights and financial well being are far too important to leave unprotected.
Contact Riebling, Proto & Sachs, LLP and immediately speak with a proven and experienced Family Law Attorney.
Immediate and Free Consultations are available. Call (914) 946-4808.