To fill out New York Form FL-250, complete each section of the two-page judgment form with accurate details about the parents, child, and any custody or support orders, then submit it to the court for the judge’s signature.
Over 40% of U.S. births are to unmarried parents, meaning forms like FL-250 are often the only way to legally establish a father’s rights and support obligations. This comprehensive guide will help you navigate the process confidently:
- 📝 Step-by-step instructions to complete every part of Form FL-250 correctly
- ⚖️ The key differences between federal requirements and New York state rules you must know
- ⚠️ Common mistakes that could delay or derail your form (and how to avoid them)
- 📄 Real examples showing how FL-250 is filled out in typical scenarios
- 🔑 Clear definitions of key terms and who’s who, so you fill it out with confidence
What Is New York Form FL-250 (and Who Needs It)?
Form FL-250 is officially titled “Judgment (Uniform Parentage—Custody and Support)”. It’s a two-page court form that becomes the final order establishing a child’s legal parentage. In plain English, Form FL-250 is used to declare who the child’s parents are in the eyes of the law. It wraps up a paternity case by documenting the judge’s decisions on three critical issues:
- Parentage: confirming the legal father (and/or mother, in certain cases).
- Child custody and visitation: setting out who the child lives with and how the other parent will spend time with the child.
- Child support: specifying if one parent must pay support, and how much.
This form is typically used when parents were never married to each other. For instance, if an unmarried couple has a baby and the father isn’t automatically recognized, a court case may be needed to establish paternity. FL-250 is filled out at the end of that case – after DNA tests, hearings, or agreements – to record the final outcome. It’s usually prepared by the petitioner (the person who started the case, often the mother or a child support agency) or their lawyer, and then signed by a judge to become an official judgment.
New York vs. California: Despite its name, Form FL-250 is a California court form (the “FL” stands for Family Law in California). New York uses a different process and paperwork (typically an Order of Filiation in Family Court) to establish paternity. The concept is the same – legally naming a father and setting support/custody – but the form number and procedure differ by state. We’ll highlight those differences so you’re aware of the New York specifics, even though the step-by-step below focuses on the FL-250 format.
Who needs to fill out FL-250? If you’re involved in a paternity case to declare a child’s father, you’ll likely encounter this form. Common situations include:
- Unmarried mother seeking child support: You need a court order naming the father (via FL-250) before the court can make him legally obligated to pay child support.
- Father wanting parental rights: An unwed father might initiate a case to be legally recognized as dad. The FL-250 judgment secures his rights to custody or visitation in addition to confirming paternity.
- Default paternity order: If the alleged father was served with paternity papers but never showed up in court, the petitioner can ask for a default judgment. FL-250 would be filled out so the judge can sign it, establishing paternity (and usually support) by default.
It’s a routine but crucial process – New York City’s family courts alone see tens of thousands of paternity and support cases each year. Getting that final judgment in place ensures the child’s birth certificate can be updated, the child can receive financial support, and both parents’ rights and responsibilities are legally set in stone.
Step-by-Step Guide: How to Fill Out Form FL-250
Filling out FL-250 is a sequential process. Have your case file handy (so names and case numbers match exactly), and make sure you’ve resolved all issues (paternity, custody, support) in court or by agreement first. Here are the steps to complete the form:
- Fill in the case caption (top of the form): At the very top, enter your personal information (name, address, etc.) in the “Party without attorney” box – or your attorney’s information if you have one. Then write the court name and county (for example, “Superior Court of California, County of [CountyName]”) and the court’s street address. Also fill in the names of the Petitioner (the person who started the case) and Respondent (the other parent) exactly as they appear on your other case papers. Finally, write the case number in the designated space. Consistency is key – any spelling mistakes or number errors here can cause confusion or delays.
- Indicate how the case was heard: Just below the caption, the form asks how the matter proceeded. Check the appropriate box:
- Default or uncontested: mark this if the other parent did not file a response or you reached a written agreement without a trial. (For example, if the father never responded, it’s a default. If both of you agreed and perhaps signed a stipulation, it’s uncontested by agreement.)
- Contested: mark this if you actually had a trial or hearing where both sides presented evidence and the judge decided.
- Fill in the parentage findings: In the section labeled “THE COURT FINDS,” you’ll list the critical findings about parentage. First, enter the names of the legal parents being established by this judgment. Typically, it will say something like “John Doe and Jane Smith are the parents of the following children.” Then you list each child’s name and date of birth in the table provided. If there are multiple children with the same parents, include them all. Make sure to use each child’s full legal name and accurate birth date. If the case only involved one child, just list that one. The form also includes checkboxes for various circumstances:
- If either parent signed a Voluntary Declaration of Paternity (a document often signed at the hospital acknowledging the father), check the box indicating that (it will say something like “the [Petitioner/Respondent] signed a voluntary declaration of parentage”).
- If either party waived their rights and agreed to the judgment (by signing a form FL-235 Advisement and Waiver of Rights), note that by checking the appropriate box.
- If there was a prior case about parentage (say, in another court or state), or the parents are married to each other (making paternity less in dispute), those situations have boxes too. Check any that apply based on your case’s facts or leave them blank if not relevant.
- Specify custody and visitation orders (attach Form FL-341 or equivalent): If custody or visitation (parenting time) is being decided as part of this judgment, the details won’t all fit on FL-250. Instead, you’ll attach the appropriate order forms and refer to them. Typically, you would check a box in FL-250 that says “Child custody and visitation are as specified in the attached Custody Order (FL-341)” (or a stipulation or settlement agreement). Attach Form FL-341 (Child Custody and Visitation Order Attachment) or Form FL-355 (Stipulation and Order for Custody/Visitation) if you have one. On FL-250, make sure you check the box indicating which form is attached. If your judgment includes a detailed parenting schedule, you might also attach additional pages like FL-341(A) for a schedule or holiday plan. If custody and visitation were not addressed (for example, maybe the parents already informally share time and neither asked the court for an order), you can indicate that no custody order is made in this judgment. However, in most paternity cases, something about custody/visitation is usually included to protect everyone’s rights.
- Specify child support orders (attach Form FL-342 or equivalent): Similar to custody, if child support is part of the case, you’ll attach a detailed order. Check the box on FL-250 that corresponds to the support attachment. Commonly:
- Form FL-342 (Child Support Information and Order Attachment) is used to spell out the support amount, payment schedule, and how it was calculated under the guidelines.
- If the support was agreed upon between the parents, you might instead attach Form FL-350 (Stipulation to Establish or Modify Child Support) which both parents sign.
- In some cases, there may be an “Other” attachment (for example, a written settlement or a support order from another state being adopted). If so, check “Other” and briefly describe it.
- Address the child’s name and birth certificate (if needed): FL-250 allows you to formally change the child’s last name or update the birth record if necessary. If the child’s name will change as part of the judgment (commonly, some parents want the child to have the father’s last name or a hyphenated name), fill in the section that says “The last names of the children are changed to: __” with the new last name. If not changing the name, leave this blank. Next, there’s a section about the birth certificate. Often in paternity cases, the father’s name wasn’t on the original birth certificate. The form has check boxes to order the birth certificate to be amended by adding the father’s name and/or by updating the child’s last name if you changed it. Check the applicable boxes so the Vital Records office knows to create a new birth certificate reflecting the judgment. (After the judgment, you’ll typically send a certified copy to the state’s Vital Records agency to actually update the birth record.)
- Include any orders for fees or expenses (if applicable): If there were requests for attorney’s fees or for reimbursement of birth-related costs, the judgment can include those too. For example, California law allows the court to order the father to reimburse the mother’s pregnancy and childbirth expenses in a paternity case. If the judge made such an order, you’d check the box and attach details (often an attachment or the minute order from court detailing the amount). Similarly, if the judge ordered one party to pay the other’s attorney fees (perhaps through a form FL-346 attachment), make sure to check that box and include the attachment. If none of these apply in your case, you can leave these sections unchecked or write “None” for clarity. It’s important not to include orders that weren’t actually made – don’t check the attorney fee box, for instance, unless the court explicitly awarded fees.
- Add any “other” provisions and attach additional pages if needed: The FL-250 form has a section for “Other orders”. This is basically a catch-all for anything not covered by the prior sections. For example, if the judge made a specific order that doesn’t fit the standard categories (maybe something about the child’s passport, or a stay-away order between the parents, etc.), you would note it here. Often, people write “See Attachment 5h” and then attach a separate page labeled “Attachment 5h” describing the additional orders in detail. If you don’t have any extra provisions, you can write “None” or leave it blank. Also, double-check the “Number of pages attached” line near the end of the form and fill in the total count of all extra pages (custody order, support order, any attachments) you are submitting with FL-250. The court needs to know it has the full package.
- Final review and judge’s signature line: Look over the filled-out form carefully. All names and dates should be correct. Ensure every checkbox you marked has the corresponding attachment included. Do not sign on the judge’s signature line – only the judge (or commissioner) can sign the judgment. There is usually a line for the date and the judge’s name beneath, but you typically leave those for the court to fill in. However, some courts ask the preparer (you or your lawyer) to also sign or initial somewhere to indicate who prepared the order – follow your local court’s instructions on that. Once you’re satisfied everything is filled out, the form is ready to be submitted to the court. In many cases, you’ll present it at a final hearing or, if it’s a default, you may submit it to the clerk/judge for review.
- File the judgment and serve notice: After the judge reviews and signs FL-250 (and all your attachments), it becomes an official judgment. The court clerk will file it and usually mail you a notice of entry or a copy. It’s good practice to send a file-stamped copy to the other parent (if they didn’t attend the hearing) so they are aware of the orders. Make sure to file your FL-191 Child Support Registry form if you haven’t already (this goes to a state database, not in the public file). Finally, keep a certified copy of the FL-250 judgment for yourself – you’ll need it to update the child’s birth certificate or enforce the orders, especially if you ever have to prove paternity or support in another state.
Common Mistakes to Avoid
Even a small error on a judgment form can cause delays or legal complications. Here are some frequent mistakes to watch out for and avoid:
- Names or dates don’t match previous filings: Always use the exact spelling of each parent’s and child’s name as in the birth certificate or initial petition. Even a middle initial mismatch or wrong birthdate can create confusion or require an amendment later.
- Wrong or missing case information: Double-check that you wrote the correct case number and county. A surprising number of judgments get rejected because the case number is off by a digit or the court name is misidentified.
- Leaving required sections blank: If something doesn’t apply, it’s better to write “None” or “N/A” than to leave it ambiguous. For instance, if no attorney fees were awarded, don’t check the box but do consider noting “No attorney fees” so it’s clear. Never leave the children’s information section empty – the whole point of the form is to list the child(ren) and establish parentage.
- Not attaching the necessary orders: FL-250 by itself is not enough – it’s like a cover sheet for your custody and support details. A common mistake is failing to attach the Child Support Order (FL-342) or custody attachment (FL-341). If those aren’t attached (or the “Other” attachment isn’t included when a box is checked), the court won’t sign the judgment. Make sure every box you checked for “attached” forms truly has that form included in your packet.
- Checking boxes for orders you didn’t get: Only mark provisions that were actually ordered by the judge or agreed upon. For example, don’t check the “expenses of pregnancy” box if no one asked for those costs or the court didn’t rule on it – leaving it blank is fine. Over-checking can make the judge strike the improper sections or send the form back to be fixed.
- Signing in the wrong place: Remember, FL-250 is ultimately an order for the judge to sign. You (or your attorney) usually prepare it, but do not sign on the judge’s signature line. If there’s a spot for “Approved as to form” or something for attorneys, that’s different. But as a self-represented parent, your job is to fill it out and submit – the judge’s signature and date will be added by the court.
- Skipping the follow-up steps: After the form is signed, don’t forget your follow-ups. Many people forget to file the Child Support Case Registry (FL-191), which is legally required – failing to do so can lead to enforcement hiccups. Also, if the judgment orders the birth certificate updated, you may need to send paperwork to the state’s Vital Records office. And if the other parent wasn’t present in court, make sure they get a copy of the filed judgment (this can be done by mail with a Proof of Service). These aren’t “filling out” mistakes per se, but they are post-judgment pitfalls to avoid.
Detailed Examples: How FL-250 Is Used in Common Scenarios
To see how FL-250 works in real life, let’s walk through three typical scenarios and how the form would be filled out in each. These examples will show how the judgment adapts depending on whether parents agree, disagree, or one doesn’t participate at all.
Scenario 1: Unmarried Parents – No Contest (Both Agree on Paternity)
Imagine a case where both parents cooperate. The father has acknowledged paternity (he even signed a voluntary declaration at the hospital), and they’ve reached a friendly agreement on custody and support. The FL-250 would be completed as an uncontested judgment with a stipulation.
| Form Item | How It’s Filled in this Scenario |
|---|---|
| Case Resolution | Uncontested – both parents signed a settlement (no trial). Judgment is entered by agreement. |
| Parentage Finding | Father’s paternity admitted (voluntary declaration acknowledged). FL-250 notes both parents are the legal parents of the child. |
| Custody Arrangement | Agreed joint legal custody; mother primary physical custody. Detailed schedule attached (FL-341) showing father has weekends and holidays. |
| Child Support | Agreed support amount (attached FL-350 stipulation). Father pays guideline support of $500/month as both agreed, starting next month. |
| Birth Certificate Update | Father’s name to be added to child’s birth certificate. Child’s last name changed to father’s last name (as parents jointly requested). |
| Other Orders | None. (No attorney fees or extra orders requested.) |
(In this scenario, everything goes smoothly: the judge signs off on the parents’ agreement, and the child now has a legal father on record along with a clear custody and support plan.)
Scenario 2: Paternity Disputed – DNA Proven (Contested Case)
Now consider a less agreeable situation: the mother filed for paternity, the father at first denied being the dad. A DNA test during the case proved he is indeed the father. They couldn’t agree on custody or support, so the judge decided. The FL-250 here reflects a contested judgment after a hearing.
| Form Item | How It’s Filled in this Scenario |
|---|---|
| Case Resolution | Contested – judgment after trial. (Judge’s findings based on evidence and DNA test.) |
| Parentage Finding | Paternity established by DNA test (court finds John Doe is the father). FL-250 notes the judge found paternity after evidence; respondent was present with attorney. |
| Custody Arrangement | Mother awarded sole legal and physical custody. Father granted visitation every other weekend per court’s order (details in attached FL-341). |
| Child Support | Father ordered to pay guideline support (attached FL-342). For example, $600/month based on his income, plus provide health insurance for the child. |
| Birth Certificate Update | Father’s name to be added to the birth certificate. Child’s last name remains the same (no change ordered, since parents disagreed on a name change). |
| Other Orders | Father must reimburse half of the mother’s birthing expenses (as ordered by judge, noted in an attachment). Each party pays their own attorney fees. |
(In this scenario, the form shows that the court had to step in: it notes the contested nature of the case, the DNA evidence, and includes the judge’s ordered plan for custody and support. The father is now legally recognized, even though it wasn’t voluntary.)
Scenario 3: No-Show Parent – Default Judgment
In the last scenario, the mother files a paternity case but the father never responds or appears in court, despite being served. The court proceeds by default. She still needs the FL-250 judgment to finalize the case.
| Form Item | How It’s Filled in this Scenario |
|---|---|
| Case Resolution | Default – respondent failed to participate. (The form is marked “Default” and notes the father was served but did not appear.) |
| Parentage Finding | Father declared the legal parent by default. (FL-250 indicates the respondent was advised by service of process and did not respond, so paternity is decided in his absence.) |
| Custody Arrangement | Mother is granted sole legal and physical custody by default (no opposition). No visitation is ordered for father (since he didn’t request any). |
| Child Support | Ordered by default per guidelines (attached FL-342). For example, father is ordered to pay $300/month. (The court likely estimated his income or set minimum support, and a FL-191 will be filed to track it.) |
| Birth Certificate Update | Father’s name will be added to the birth certificate. Child keeps the mother’s last name (no change, as mother did not request a name change in this case). |
| Other Orders | None, other than standard language (e.g., interest on unpaid support). (No special requests were made since father wasn’t around to ask for anything.) |
(This default scenario shows FL-250 being used to wrap up the case even when one parent doesn’t cooperate. The mother gets a judgment establishing paternity and support so she can enforce it, and the father’s omission doesn’t stop the legal process.)
Evidence-Based Insights and Legal Precedents
Establishing legal parentage has deep roots in law and social policy. Over the past decades, both federal and state actions have reinforced how important forms like FL-250 are. Some notable facts and precedents include:
- Constitutional recognition of unwed fathers: In the 1970s, U.S. Supreme Court cases like Stanley v. Illinois (1972) and Gomez v. Perez (1973) changed the legal landscape. Stanley recognized that unmarried fathers have rights to their children (they can’t be automatically deemed unfit without a hearing). Gomez held that states must provide a way for children born outside marriage to get support from their fathers. These decisions pushed states to create robust paternity laws – so that a child has the same right to support from dad as any other child.
- Uniform Parentage Act (UPA): California’s FL-250 is a product of the Uniform Parentage Act, a model law adopted in California and many other states. The UPA (first introduced in the 1970s) ensured that “all children are equal under the law” regardless of their parents’ marital status. It established procedures for paternity cases, like allowing DNA testing and setting standards for voluntary paternity acknowledgments. New York historically had its own statutes (Family Court Act Article 5), but the principles are similar – both states want a clear legal method to determine parentage. In recent years, New York modernized its laws too (for example, the 2021 Child-Parent Security Act) to cover situations like assisted reproduction and to allow Voluntary Acknowledgments of Parentage for unmarried couples, including same-sex parents.
- Federal law involvement: Starting in the 1990s, federal welfare reform pushed states to make paternity establishment easier and more uniform. By federal mandate, hospitals offer unmarried parents a chance to sign a Voluntary Acknowledgment of Paternity at the time of a child’s birth. This simple form (in New York it’s called an Acknowledgment of Parentage) has the same legal effect as a court order if not rescinded within 60 days. As a result, paternity establishment rates have soared. Today, the vast majority of the ~1.4 million children born to unmarried mothers in the U.S. each year have paternity formally established, either through these acknowledgments or later through court judgments. FL-250 comes into play primarily when an acknowledgment wasn’t signed or there’s some dispute requiring a court’s intervention.
- Enforcement and interstate recognition: A court order like an FL-250 judgment isn’t just a piece of paper – it’s enforceable nationwide. Congress passed laws like the Full Faith and Credit for Child Support Orders Act (1994) to ensure that a child support order from one state (say, stemming from a paternity judgment in California) must be honored in all other states. Likewise, all states, including New York and California, have adopted the Uniform Interstate Family Support Act (UIFSA), which coordinates enforcement of support when parents live in different states. For custody, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (enacted in NY and CA) means the custody provisions in a paternity judgment are respected across state lines. In short, once paternity and support are established, a parent can’t dodge obligations by moving elsewhere.
- Impact on children and families: Research consistently shows that establishing paternity has tangible benefits. Children with legally recognized fathers are more likely to receive consistent financial support and have access to benefits like health insurance, Social Security, or veterans’ benefits through the father. There’s also an emotional benefit: knowing one’s parentage can give a child a sense of identity and family connection. From a legal standpoint, it also secures the child’s inheritance rights from the father. Courts have even developed doctrines like equitable estoppel to protect a child’s stability – for instance, in New York, if a man has acted as a child’s father for a significant time, courts may stop him from later denying paternity because it would harm the child. All these measures underscore that the law views the parent-child relationship as vital, and forms like FL-250 are the tools to cement that relationship in legal terms.
Federal vs. New York State Rules – Key Differences
Family law is primarily state-driven, but federal laws set some standards. Here’s a breakdown of how federal rules intersect with New York’s specific rules in paternity and support cases:
| Aspect | Federal Requirements/Standards | New York State Rules |
|---|---|---|
| Voluntary paternity establishment | All states must offer a hospital-based Voluntary Acknowledgment of Paternity program. Parents can sign a form at birth (and have 60 days to rescind). Once that window passes, the acknowledgment is as legally binding as a court order. | New York follows this: its Acknowledgment of Parentage form (available at hospitals and local registrars) can establish paternity without court. It also allows 60 days for either parent to change their mind. After 60 days, it can only be challenged in court on grounds like fraud or duress. |
| Court process and forms | There’s no national paternity form; each state uses its own. Federal law requires that unmarried parents have access to a legal process to establish parentage (e.g., a court hearing). | In New York, paternity cases are handled in Family Court (usually in the county where the child or mother lives). Instead of an FL-250, the court issues an Order of Filiation after a hearing or by consent. New York’s process is governed by the Family Court Act – for example, the court will order DNA tests if paternity is contested, and a Support Magistrate often handles the child support aspect. |
| Child support guidelines | Federal law mandates that every state use consistent child support guidelines to calculate support, considering parents’ incomes and the child’s needs. However, it doesn’t set a specific formula – each state’s formula can differ. Also, federal rules say support orders should typically last until at least the child’s 18th birthday (or high school graduation). | New York’s Child Support Standards Act (CSSA) sets the formula: generally 17% of combined parental income for one child (with adjustments for higher incomes and other factors). NY law also uniquely extends child support to age 21 (most states end at 18 or 19). So a paternity order in NY will require support until 21 unless the child is earlier emancipated. New York also adds mandatory adjustments (like pro-rated health care and childcare costs) according to its guidelines. |
| Time limits to establish paternity | Federal law doesn’t fix a universal statute of limitations for paternity cases, but it encouraged states to eliminate archaic short limits. (States used to cut off paternity suits once a child reached a certain age, but now most allow cases throughout childhood.) | New York allows a paternity (parentage) petition to be filed until the child turns 21 (since support runs until 21). This is more generous than some states. For example, in some jurisdictions, the window might close at 18. In NY, even late teen or young adult children (or mothers on their behalf) can still legally establish paternity before 21. |
| Enforcement agencies | Under Title IV-D of the Social Security Act, each state must have a child support enforcement agency to help establish paternity and collect support (often at low or no cost to the parents). Federal law provides funding and oversight for these programs. | New York’s IV-D agency is the Child Support Enforcement Program, typically run by the county’s Support Collection Unit (SCU). Once an Order of Filiation and support order are in place, the SCU can monitor payments, enforce wage garnishments, intercept tax refunds for arrears, etc. This means even if your paternity judgment comes from out-of-state (like an FL-250 from California), New York’s enforcement arm will cooperate with other states to enforce the support obligations, thanks to federal interoperability. |
As you can see, federal law creates the framework (making sure paternity can be established easily, and support orders are enforceable), while New York law provides the details and procedures that apply within the state.
Pros and Cons: Voluntary Acknowledgment vs. Court Judgment
When deciding how to establish paternity, parents often weigh signing a voluntary form versus going through court. Here’s a quick comparison:
| Method | Pros | Cons |
|---|---|---|
| Voluntary Acknowledgment (out-of-court) | Fast and simple – can be done at the hospital or local office with no court visits. No conflict – it’s cooperative, so it keeps things amicable. Free – no filing fees or lawyer needed typically. | No automatic support/custody orders – it only establishes paternity; you’d still need a separate court process for child support or custody arrangements if you can’t agree on those privately. Limited timeframe to change – after 60 days it’s binding, so a mistaken acknowledgment is hard to undo (except for fraud). Not usable if there’s disagreement – if one parent won’t sign, this option is off the table. |
| Court Judgment (FL-250/Order of Filiation) | Comprehensive – resolves paternity and sets legally enforceable custody/support orders in one go. Fact-finding – the court can order DNA tests and ensure the outcome is accurate and fair if there’s any doubt. Enforceable – all orders (support, etc.) carry the weight of the court, making them easier to enforce (e.g., via wage garnishment). | Time and complexity – involves paperwork, possibly multiple court dates, and waiting for a judge’s decision. Potentially adversarial – court can heighten conflict between parents, especially if one denies paternity or fights over custody/support. Costs – while you can self-represent, there may be court fees, and if you hire an attorney or need expert tests, it can get expensive. |
In short, a voluntary acknowledgment is ideal for quick and conflict-free establishment of paternity when both parents are on the same page, but it won’t cover everything (like support). A court judgment via FL-250 is necessary when you need the court’s power – whether to settle disputes or to put enforceable orders in place – but it requires more effort and time.
Key Terms and Entities Explained
Understanding the jargon can make this process less intimidating. Here are some key terms and players you’ll encounter:
- Petitioner – The person who started the case. In paternity matters, this is often the mother (or sometimes a child support agency on her behalf). The petitioner files the initial petition asking the court to establish parentage (and possibly support).
- Respondent – The other party to the case, typically the alleged father in a paternity proceeding. The respondent has the opportunity to respond to the petition and participate in the case (or default by not responding).
- Order of Filiation – The New York term for a court order establishing paternity. It is essentially the equivalent of California’s FL-250 judgment. Once signed by a judge, an Order of Filiation names a man as the child’s father (and often is accompanied by orders for custody and support).
- Voluntary Acknowledgment of Paternity/Parentage – A form that unmarried parents can sign to establish paternity without a court case. It’s usually done at the hospital or later at a registrar’s office. In New York, it’s now called an Acknowledgment of Parentage. Once both parents sign and it’s witnessed/filed, it has the force of a court judgment after 60 days.
- Legal custody – The right to make major decisions about the child’s life (education, health care, religion, etc.). If parents have joint legal custody, they share these decisions; if one parent has sole legal custody, they make these decisions alone.
- Physical custody – Also known as residential custody, it refers to whom the child lives with primarily. The parent who doesn’t have primary physical custody usually has visitation rights (also called parenting time). A judgment will often specify one parent as the “custodial parent” (with whom the child lives most of the time) and the other as the “non-custodial parent.”
- Visitation (Parenting Time) – The schedule of time the child spends with the non-custodial parent. For example, visitation could be every other weekend, certain weekdays, holidays, and so on. This is detailed in the custody order attachment.
- Child support – The financial support paid by the non-custodial parent to the custodial parent for the child’s needs. It’s typically a monthly amount calculated by a formula (in NY, the CSSA formula). The support order may also require coverage of health insurance, medical expenses, or childcare costs.
- Default judgment – A court decision made when one party doesn’t participate. In context, if the alleged father (respondent) doesn’t answer or appear in the case, the court can grant a default judgment of paternity and support. The FL-250 or Order of Filiation will note that it’s a default.
- Support Magistrate – In New York Family Court, this is a quasi-judicial officer who handles child support hearings. A Support Magistrate might hear the evidence and set the support amount in a paternity case, though the paternity finding (fatherhood itself) is typically confirmed by a Family Court Judge.
- Equitable estoppel – A legal principle (mentioned earlier) that can arise in paternity cases. It means a person may be prevented (“estopped”) from denying something if it would be unfair to allow it. For example, a man who has acted as a child’s father for years might be estopped from denying paternity later, because the law prioritizes the child’s emotional well-being and stability in that situation.
- SCU (Support Collection Unit) – The agency in New York that collects and enforces child support payments. If your support order is payable through the SCU (as most are), they will handle processing payments, monitoring compliance, and taking enforcement actions (like wage garnishment or suspending a driver’s license for nonpayment) under the supervision of the state child support program.
FAQs
Q: Is Form FL-250 used in New York?
A: No. Form FL-250 is a California-specific form. New York courts use different documents (like an Order of Filiation) to establish paternity, though the purpose and process are similar.
Q: Can I fill out Form FL-250 without a lawyer’s help?
A: Yes. You can complete FL-250 on your own. Many people do so, especially in uncontested cases. Just be sure to follow the instructions carefully and ask the court’s self-help center if you need guidance.
Q: Do both parents need to sign the FL-250 judgment form?
A: No. Typically only the judge signs the FL-250. Parents might sign a stipulation or other attached agreements, but the judgment form itself is approved and signed by the judge, not the parents.
Q: Does an FL-250 judgment include custody and support orders?
A: Yes. It can. The FL-250 serves as a cover page that incorporates custody and support orders if you attach those forms (like FL-341 for custody, FL-342 for support). The final judgment will then encompass all those terms.
Q: Is a DNA test required to get a paternity judgment?
A: No. If the father admits paternity or has signed a voluntary acknowledgment, a DNA test isn’t necessary. A DNA test is only needed if paternity is contested and the alleged father wants proof before being declared the father.
Q: Will the father’s name be added to the birth certificate after using FL-250?
A: Yes. If the judgment orders it. On FL-250 you can check a box to add the father’s name to the birth certificate. Once the order is signed, that order is used to update the birth record with the father’s information.
Q: Can a paternity judgment ever be changed or overturned?
A: Yes. In very limited cases. The determination of paternity is meant to be final. It can only be overturned if, for example, someone proves fraud or serious error (and usually within a short time frame). However, the custody and child support parts of the judgment can be changed later if circumstances change (you’d file for a modification in court).
Q: Does FL-250 apply if the parents are married?
A: No. Married couples don’t need this form since the husband is presumed by law to be the father of children born during the marriage. FL-250 is designed for cases where parentage isn’t automatic (unmarried parents or certain special situations).
Q: Can paternity be established without going to court at all?
A: Yes. If both parents agree, they can sign an Acknowledgment of Paternity/Parentage and avoid a court case. That document will have the same effect as a court judgment. But if you need court orders (for support or custody) or if there’s disagreement, then you’d proceed with a court case and forms like FL-250.
Q: Can a minor (under 18) be declared a parent through FL-250?
A: Yes. A parent’s age doesn’t prevent paternity from being established. Even a minor father can be legally declared the parent. The court may appoint a guardian ad litem to assist a minor in the case, but the paternity judgment can still be entered.