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DNA Lawyer Legal Issues in New York City
When DNA results change your life, the legal problems that follow can be hard to handle on your own. Whether you are trying to prove who a child's father is, protect your rights to an inheritance, or defend yourself against DNA evidence in a criminal case, you may need a lawyer who understands how DNA works in the New York City court system. The Law Offices of Albert Goodwin has helped many New Yorkers deal with the legal issues that come up when DNA is part of the picture.
What a DNA lawyer does
A DNA lawyer is an attorney who handles cases where DNA test results affect someone's legal rights. This can happen in family court, in probate court when someone dies and leaves an estate, or in criminal court. The legal issues can be complicated, and the stakes are high. Having an experienced attorney can make a real difference in how your case turns out.
Establishing paternity in New York City
When a child is born to parents who are not married, the biological father has no automatic legal rights or responsibilities. Under New York law, when a child is born to unmarried parents, the biological father is not considered the child's legal parent unless he has signed an Acknowledgment of Paternity or a court has issued an Order of Filiation declaring him to be the legal father.
If the parents disagree about who the father is, a judge can order a DNA test. Under Family Court Act Section 532, the court has the authority to direct genetic testing when paternity is questioned. If a man refuses to follow a court order to take the test, ignoring that order can result in a default judgment, which legally assigns paternity even without biological evidence.
A lawyer helps you through every step of this process. If you are a father who wants to be in your child's life, or a mother who needs child support, an attorney can file the right papers and protect your interests in court.
Child support, custody, and visitation
Once paternity is established through DNA, the legal consequences follow quickly. After a court establishes paternity, either parent can file petitions for custody, visitation, or child support. These are separate legal matters that each require their own court process.
If a man is found to be the father of a child, he has an obligation to pay child support until the child is 21 years of age in New York. Child support can sometimes be ordered going back to the date of the child's birth. These are major financial obligations. An attorney can help you understand what you owe or what you are owed, and make sure the court order is fair.
Challenging paternity when you believe you are not the father
Sometimes a man has been named a child's legal father but later discovers he may not be the biological parent. This situation is more complicated than it sounds. New York's highest court has ruled that it is not in a child's best interest to terminate the parental relationship of a man who discovered several years later he was not the biological father. This is known as equitable estoppel, meaning a court can prevent you from denying paternity even if DNA proves the child is not biologically yours.
This is exactly the kind of situation where you need an attorney right away. The timing of when you act matters a great deal. Once paternity is established through a signed acknowledgment form or a court order, it can be difficult to challenge or change later. A lawyer can review your situation and advise you on whether a challenge is possible and how to move forward.
Inheritance rights and DNA
DNA can also affect who gets money or property when someone dies. In New York, children have inheritance rights from both parents. But if a father never legally acknowledged a child, that child may have to go to court to prove the relationship and claim their share of the estate.
A child who has a legally recognized father has the right to child support, inheritance, Social Security benefits, and to get health insurance on the father's plan. If a person dies without a will, their estate passes to their legal heirs. A child who was never formally recognized may be shut out of that process without legal help.
An attorney at the Law Offices of Albert Goodwin can help you gather the right DNA evidence and file the proper papers in Surrogate's Court to protect your rights, or the rights of your child.
DNA evidence in criminal cases
DNA plays a major role in New York criminal courts. Prosecutors use it to link suspects to crime scenes. Defense attorneys use it to challenge the prosecution's case. If your DNA has been found at a crime scene, or if the police want to question you about DNA evidence, you should contact a lawyer immediately.
If you are being questioned because of DNA evidence, say nothing to the officers until you have an attorney present, even if you are innocent of the crime. The way DNA evidence is collected, handled, and tested in a lab must follow strict rules. An attorney can review whether these rules were followed and challenge the evidence if they were not.
There is a specific methodology and rules required before a DNA test can be accepted into evidence. Defense attorneys can challenge the way DNA samples were taken, how they were stored, and how they were processed in the lab. These challenges can sometimes lead to the evidence being thrown out.
Post-conviction DNA testing
If you or someone you love was convicted of a crime and you believe DNA evidence could prove innocence, there is still hope. New York was the first state in the country to enact a law providing defendants with access to post-conviction DNA testing. This law allows people who have already been convicted to request new DNA tests if the technology or the evidence was not available at the time of trial.
Getting post-conviction DNA testing is a legal process that requires filing a motion in court. The rules are strict, and the process can be slow. An attorney with experience in this area can guide you through it and fight to get you the testing you need.
The NYC DNA databank and your rights
Since 2012, any defendant convicted of a misdemeanor or felony in New York must give a DNA sample to be added to the New York State DNA Databank. Police use this database to look for matches to DNA collected from crime scenes. If your DNA profile is in this database and shows up as a match in a future investigation, you could find yourself facing criminal charges. An attorney can help you understand your rights and respond properly if this happens.
Contact the Law Offices of Albert Goodwin
DNA issues touch some of the most important parts of a person's life: who your family is, what you inherit, and whether you stay out of prison. If you are facing any of these legal situations in New York City, the Law Offices of Albert Goodwin is here to help.
Call us today to talk about your case. You can contact us by phone at 212-233-1233 or by email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
