Top New York, NY Father's Rights Lawyers Near You

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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.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.