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What Are Father’s Rights?

Courts have historically favored mothers in normal child custody cases. However, family law courts today understand the importance of both parents taking an active role in their children’s lives. Father’s rights support active participation by fathers in custody, visitation rights, and equal treatment for child support. Fathers also have rights to claim paternity, object to third-party adoptions, decision-making in their child’s life, and maintain a relationship with the child. A father’s rights attorney can represent a father to make sure they get fair representation in family court.

How Can a Father Get Joint Custody?

Child custody can be decided by the parents in a divorce or separation. In an ideal situation, the parents can come up with their own custody and visitation plan that works for both and is in the best interests of the child. In child custody disputes, the court may have to decide legal matters. Custody can include physical custody and legal custody. If a father has joint physical and legal custody, the father can spend substantial time living with the children and can make legal decisions for the child, including decisions about education, healthcare, and religion.

Can the Mother Deny Visitation?

If parents have a child custody order and visitation schedule, one parent can’t unilaterally decide not to follow the visitation order. If a parent wants to deny visitation, they must go to the court and get a modification for the child custody and visitation order. If the other parent refuses visitation, you can take the case to enforce the child custody orders.

Can I Visit My Child If I’m Late on Child Support?

Child support orders and child visitation orders are separate. If you are behind in your child support, the other parent can’t refuse your valid visitation without a change in the court order. It is important to make sure the other parent is following the child custody schedule so you can spend quality time with your child.

How Can I Enforce Child Support in New York?

Child support is generally based on New York child support guidelines. The guidelines take into account factors including income, parenting time, other child support, and the needs of the child. In some cases, the child’s mother may owe child support to the father. If the mother fails to make child support payments on time, you can talk to your family law attorney about how to enforce child support so you can provide for your child.

Can I Keep My Child Away From Their Mother?

If you believe allowing the child to stay with the mother puts the child’s life in danger, you can go to the court to modify the child custody orders. Courts will generally prefer the child to spend time with both parents. However, the court may limit visitation or custody if there is suspicion the child is in an unsafe environment, has been abused, or there is domestic violence in the household. In some cases, a father can petition the court to terminate parental rights for the mother, which would allow the child to be adopted by a stepparent.

How Do I Establish I’m the Father?

If a mother is denying you are the father or trying to prevent you from having contact with your child, you can establish paternity through the courts. The mother or father can petition the court to determine paternity. A genetic test can be used to establish paternity, giving parental rights to the father. Contact a father’s rights lawyer for legal advice in New York custody battles.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

Top Questions to Ask a Lawyer

• What is the usual process to resolve my case? How long will it take to resolve this?
• What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Does firm size matter?

For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.