One of the biggest concerns for newly separated or divorced men is how to continue to have a strong relationship with your children. With a divorce, there is likely to be a change of living situation, but this does not have to cause your relationship with your children to suffer. Father’s rights exist to help men continue to have a strong presence in their children’s lives and ensure they have equal time with children.
What Kinds of Rights Do Fathers Have?
divorce and family law have come a long way since the days when it was assumed that a mother was automatically the better parent. Today, fathers are viewed as equally important in a child’s development and care from birth through adulthood. Research has shown that the influence of a father can make a significant difference for children of both genders, and if a father wants to be involved in his children’s lives, all he needs is the right lawyer to help guide him through the process. Fathers can seek primary custody or a shared time agreement that works for both parties to minimize any back and forth. There is no need to be limited to seeing your kids every other weekend or school breaks. With the right agreement, you can continue to see your children daily, coach their sports teams and take them to special celebrations.
In addition to visitation, a father has an equal right to be present in the decisions that pertain to a child’s daily life. If you feel you have been cut out of the process of making important decisions, such as where your children will attend school or how they will spend the holidays, seeking out enforcement of your father’s rights through the family court is possible. These issues can be decided and put on paper so there is no confusion about how they will be handled when they arise.
Get Advice From a Qualified Father’s Rights Lawyer
There are many misconceptions out there about how custody and family law work, based on anecdotal experience and knowledge of outdated laws. Your bid for custody or visitation may not play out in the same way as a friend or family member’s did in the past. Even if you had a contentious divorce, this may have little or no bearing on whether you can see your children. With an experienced lawyer to help you prove you are a fit parent and a good influence on your kids, there is no reason to miss out on holidays and special occasions simply because you are not married to your ex-wife anymore. Family court can help you put a plan in place that includes equal time with you and your relatives on holidays and significant days to you.
Consulting with an experienced father’s rights lawyer is the only way to know for sure what your rights as a father are and how to get them enforced by the family court. Each case can be different when it comes to divorce and family law. Only an experienced family law lawyer can tell you the best way to proceed if you want to seek more time with your children. A divorce lawyer can help advise you on important points such as:
• What kind of visitation or custody should you seek?
• Will you need to go to court, and what can you expect when you get there?
• How can you get time with your children on holidays and school breaks?
• How much child support can you expect to pay?
• What important decisions can you ask to be involved in?
Even if you have already been to court or finalized a divorce agreement, that doesn’t mean that all hope is lost. Family court ultimately seeks to help children have the best relationship possible with both parents, so as long as you can demonstrate that you are a fit parent, the right lawyer can help you see more of your kids. If you have had a change in living situation, job or can demonstrate more stability than before, you may be able to seek a modification of your current agreement and more time with your children. A family law lawyer can advise you on what forms to file and how long it may take to see a change in the current custody agreement.
The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.
Working it Out
The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.
Specific Details
A good prenuptial agreement will also help with other aspects of the upcoming marriage. For example, it may spell out what is allowed depending on how long the marriage continues. A marriage of only a year or so may leave both parties willing to simply walk away. The prenuptial agreement lets one party keep their assets in the aftermath of a bad breakup. Both parties have what they need to avoid any longer term consequences for a relationship that was not mutually agreeable. The same is true of a longer relationship. If the marriage continues over a decade or longer, both parties may find their financial circumstances have changed. An agreement can recognize this face and make according adjustments that make sense to each member of the relationship. For example, if one party agrees to work while the other chooses to earn a medical or law school degree, the agreement can allow one party to claim part of the earnings of the other party as they have helped contribute to their ability to earn a degree and earn more money. This kind of agreement can cover many types of such circumstances in great and useful detail.
The Children
Any prenuptial agreement can also assist with any kind of childcare arrangements. If each member of the couple decides to bring a child into the relationship, the agreement can help with any kind of financial issues related to the care of the child if they decide to get a divorce. This is why it is important to get everything worked out in advance before getting married. A good attorney will listen to both parties and help them resolve any fiscal issues before they head down the aisle. This means that both parties can go into a marriage fully aware of what it means for them personally financially. It can also mean that both parties are fully clear what it means if the marriage is not working for them. A well-crafted prenuptial agreement is a great way to begin a marriage on the right foot.
It can be very difficult to understand your legal rights as a father. Mothers used to automatically get custody of children because of the tender years doctrine. This is not the case anymore, but fathers still have to battle to get the outcome they desire and deserve.
You may feel hesitant to hire an NYC fathers rights lawyer due to the cost. But it’s far too risky not to hire an attorney for divorce and custody proceedings. Investing in legal help now can save you a significant amount of money in the long run. Before you go to court, consider the importance of finding a good lawyer.
Statistics About Fathers Rights And Child Custody
Start by taking a look at facts related to fathers rights. Statistics show that only 17.5 percent of custodial parents are fathers. This shockingly low rate is a prime example of how the legal system can work. Even in modern times, it’s common for family courts to side with mothers.
One study even shows that children statistically have better experiences when fathers have custody. The same study reports that there are no proven benefits to mothers having custody of same-sex children. This data goes against the negative stereotypes about fathers being custodial parents.
Fathers Rights Threatened Even Without Pursuing Custody
If you don’t intend to pursue custody, that’s perfectly acceptable. You want to make the best choices for your children. But you still need a lawyer even if you aren’t the custodial parents. Again, this is because of legal bias against fathers.
Many fathers want plenty of family time with their children. Divorced parents can struggle to agree on this topic. If you don’t have custody of your children, your input about family time may not be considered. Your input about medical decisions and your child’s overall well-being may be dismissed.
Scenarios where fathers don’t have a voice are truly unacceptable. And without a lawyer, you can’t pursue the best possible outcomes. Legal terms and court proceedings can be complicated and difficult to understand. This makes it absolutely crucial to hire a fathers rights lawyer even if you don’t intend to pursue custody.
What A NYC Fathers Rights Lawyer Can Do
You may be wondering exactly what a fathers right lawyer does. Overall, their duty is to protect your rights regardless of your situation. Every father deserves to have their voice heard. And there’s so much more to family court than determining custody. Your NYC fathers rights lawyer can help:
- set a balanced visitation schedule
- ensure that child support rulings are fair
- make legal modifications to any agreements in place
- defend you if domestic violence scenarios or accusations arise
- pursue or fight restraining orders
These are just a few examples of the invaluable services your attorney can provide. You should never make informal decisions out of court regarding your children. Without going through legal proceedings, informal agreements are often considered invalid. Your fathers rights lawyer will aggressively work to ensure that every decision made holds merit.
Tips For Choosing A NYC Fathers Rights Lawyer
Finding the best possible lawyer is crucial for you as a father. You want legal assistance from a professional, determined, and experienced attorney. Don’t hesitate to consult with a few fathers rights lawyers. It is important to get legal representation quickly. But you also want to choose someone that you can trust.
Consider writing down a list of questions to ask lawyers during consultations. A quality attorney will gladly provide you with the information you want. Getting answers can help you confidently make a prompt decision.
It’s also important to be factual and honest during consultations. This is certainly an emotional time for you as a father. But legal proceedings will be based on the facts, so your lawyer needs to know them. It may be helpful to write down an outline of your situation before a consultation.
The Legal Help You Need Is Awaiting You
You’re undoubtedly feeling uncertain and overwhelmed, and you want to do what is right for your children. It is your lawyer’s duty to fight for your best interest. No matter what has happened, you have many legal rights as a father. Help is right around the corner – start the process with an NYC fathers rights lawyer now.
Fathers are crucial to the well-being of their children and their role in a child’s life does not end with divorce, separation or permanent custody determination. Fathers in New York have rights to their children and they have protection under New York State law. Even if the parents of a child are unmarried, fathers still have rights.
If you are facing loss of custody of your child or children or if you feel your rights to your children are being violated, you should contact an attorney as soon as possible. An attorney understands New York Law which protects father’s rights, and they can navigate the courts to ensure the best possible outcome in the establishment or continuation of your parental rights as a father.
Custody and parental rights exist under the category of Family Law and Family Law follows the jurisdiction of the state. The United States has the Uniform Child Custody Jurisdiction and Enforcement Act which facilitates cooperation between all 50 states in regards to custody cases. So for example, if you have established paternity and custody in another state, New York state will comply with that order and other states will comply with paternity and custody ordered in New York.
The first thing necessary to establish the father’s rights is paternity. If both the mother and father are married, the husband is considered the father of the children, unless it is disputed. If the parents are not married there are two ways to determine paternity, the father signs an Acknowledgment of Paternity which acknowledges he is the father or the court is petitioned by either or both parties to determine paternity.
Once paternity is established, the judge examines all of the evidence and testimony to determine the best interests of the child. The judge then rules on custody which may result in a sole or joint arrangement. Many things are considered by the court when determining custody of children such as:
- The mental and physical well-being of each parent
- Depending on their age, the child’s wishes and preferences
- Each parent’s Work schedule
- The child’s school situation
- History of violence in the family
- Each parent’s ability to care for the child
The judge will decide if custody will be sole (one parent) or joint (both parents). They will also decide which parent has legal custody and physical custody. Legal custody is when a parent makes all the important decisions in the child’s life such as medical care, education arrangements, religious instruction, and other major life decisions. Judges often give both parents legal custody, however, each case is unique and will depend on the elements of each individual case.
Physical custody is when the child resides with one parent. It is also common for the court to issue joint physical custody orders. This doesn’t mean that the child’s time is split evenly between parents, it could mean that the child lives with one parent during a school week and the child lives with the other parent on the weekends.
Each custody case is individual and unique to the circumstances of the family petitioning the court, but fathers are more and more awarded joint custody and even full custody as more and more women are opting to prioritize their careers or wish to leave the home altogether.
Usually, custody and other issues involving parental rights follow a similar pattern though not in all cases. On the initial appearance in court, the judge will consider the history and present situation of the child, and determine if the child is safe to remain in their present situation. If so, another hearing will take place usually within a month or less.
At the second hearing, a judge will discover what the parents of the child want in regards to the child, if they did not do so at the first hearing. If the case is complicated, there may be more hearings or they may be scheduled closer together. The judge may request information from family members, teachers, doctors and other people who have contact with the child.
It is always best to work out a shared parenting plan with your child’s mother. In this plan you can come to a compromise on things such as: Visitation cycle, holiday schedule, vacation time, special family events, stipulations about parenting. Presenting the court with a mutually agreed upon parenting plan not only shows the court that you have your child’s best interests at heart, it minimizes state interference as much as possible by allowing parents to compromise with each other for their child’s sake. This is not always possible, but always advised.
It must be understood that the court is working for the best interest’s of the child and not for one parent or the other. There are cases where joint-custody is not an option and the judge will determine what the best caretaker would be for the child and rule accordingly. Both mothers and fathers are treated equally under the law regarding a child’s best interest. If a father has been awarded sole legal and physical custody, he has the same rights as a woman to request child support.
Mothers have traditionally been considered the best caregiver and the most important relationship for nurturing children, however, this is not always the case. As long as a father is not violent, abusive, involved in criminal activity or otherwise a danger to their child, fathers have the right to see their children, make decisions in the interest of their children, have visitation rights and have recourse within the law if their child’s other parent does not abide by the ruling of the court in their case.
If you are a father who is facing a child custody case, a child support case or a paternity petition in the State of New York, you need a New York father’s rights attorney who can advise you of all your legal rights and fight for you and your child’s interests.
Call the Spodek Law Group today for a free consultation on your case. We are one of New York’s oldest law firms with 50 years of experience and we have multiple offices in NYC and long island to serve you. To us, you are family, and we will fight in your corner for your parental rights.
The resolution of family law matters has traditionally favored female litigants. To this day, many courts continue to adjudicate child custody and child support matters in a manner that benefits women more than men. However, in recent years, the father’s rights movement has gained momentum. This sociopolitical movement seeks to ensure that fathers’ voices are heard, and that they interests are fairly represented in the family court system. Law firms such as Spodek Law Group are dedicated to protecting fathers’ rights in New York court proceedings.
The Basics of Fathers’ Rights
Despite the inherent bias towards women which exists in many courtrooms, men who are fathers have a genuine interest in the outcome of family court cases. The fathers’ rights movement asserts that men are entitled to fair resolutions of marital dissolution or child custody cases, and have the right to be an equal partner in the raising of children. An equal partnership means that fathers should be given equal time with the child and should only pay a fair share of child rearing costs.
One of the central concepts in fathers’ rights is that of shared parenting. This idea stresses that children are best served when both parents share in the child rearing responsibilities. Shared parenting (or shared custody) also seeks to give both parents an equal opportunity to impact the child’s life, and to participate in the joys of raising a young one. Shared custody orders are sought out by men who wish to exercise their rights as fathers so that they can fulfill their paternal role without becoming economically overburdened.
Establishing Paternal Rights
The first basic step for a man to establish his parental rights over a child is to prove paternity. A proper finding of paternity creates many important legal rights for a father. For one, the father has the right to has his name listed on the official birth certificate for the child. A verified father can also use the court process to argue for visitation or custody, or for future modifications to child support orders. Establishing paternity also allows the father to have his say in situations where the mother decides to give the child up for adoption.
A valid marriage also establishes a man’s rights in regard to a child. If the man and woman were married when the child was born, the father shouldn’t have any problems with establishing his right to interact with the child, or give input on the child’s future.
Types Of Rights Maintained By Fathers
Although many people assume otherwise, NY fathers share the same custody rights as mothers. With the help of a competent law firm, such as Spodek Law Group, it is even possible for a father to gain full custody over his children. A qualified lawyer can help you prove to the court that placing the child with the father is in the best interests of the child.
Even if a father is not seeking a full custody arrangement, competent legal help can help to get a fair settlement of custody issues. A fair shared custody arrangement or an ideal visitation schedule are also possibilities for men who seek such.
Another way an experienced law team can help out is with modifications for existing agreements. Child custody agreements and support orders sometimes require change. Men who undergo career changes or undertake new family responsibilities may need to modify a current agreement to make it more equitable. Men shouldn’t have to suffer in order to be a part of their child’s life, and Spodek Law Group can help make sure it doesn’t happen.
Rights In Adoption Scenarios
A mother doesn’t necessarily have sole authority in the decision to place a child in adoption. A child who is the product of a previous marriage cannot be placed for adoption solely at the mother’s desire. Whenever the ex-spouse (mother) begins the adoption process, she must relinquish her parental rights. Doing so automatically notifies the biological father that the process has been initiated, and allows him to provide input on the situation, or assert his parental rights concerning the child.
Even those fathers who were never married to the biological mother have rights in adoption situations. Fathers who have maintained a consistent relationship with the child still has to agree to surrender his rights over the child or to assert his desire to keep the child in a termination of parental rights proceeding. In general, men who have been involved in the child’s life are deemed “consent” fathers and have legal protections against losing their parental interest.
Even where a father is deemed to have no rights, he may still have legal remedies to prevent an adoption by the birth mother. With the help of an attorney, it may be possible to request that the court provide a judicial order confirming his status as a father without legal rights. In some cases courts will still use their discretion to allow a potential “no rights” father the ability to state his case in regard to the adoption.
Why Fathers’ Rights Are Worth Fighting For
Fathers’ rights are important simply because children deserve to have a caring father in their lives. There are proven psychological benefits for a child who is raised by both parents. Most children raised around both parents grow up well-adjusted, motivated, and with a high degree of self-esteem. Exercising your rights as a father, and maintaining involvement in your child’s life is perhaps the best gift you can give to your young one.
Furthermore, the court system’s age old bias against men in custody proceedings is very outdated. In modern times, where society embraces equal opportunity for women, men should also assert equal rights in areas where they have traditionally been overlooked. In the spirit of justice and freedom, men should feel obligated to assert their rights in family court not only for the benefit of their child, but for society as a whole.
No matter where you live in this country, it seems as though courts place a series of hurdles in the paths of fathers to exercise their rights in the event of a divorce, separation or any circumstance that could put distance between them and their children. However, these impediments to accessing your rights depending on several factors, including your state. In order to better understand the access fathers should have to their children in the state of New York, Raiser & Kenniff wants to make you are aware of your rights.
- Realities of Lost Visitation
Most would probably expect that any father who has been separated from their children and wants to obtain a degree of custody at some point would be given the same protections and ability to do as a mother wanting custody over their children. This, however, has not historically been the experience for many fathers in the past.
Depending on the criminal and civil histories of both the father and whomever is providing custody for the children at the time of custody, the tone of any further court interaction in determining custody will be set. Even with a clean criminal history and a character testimony to verify that a father is a reliable individual to provide constant care for their children, decisions of custody tend to favor the mothers disproportionately.
Even in the case of visitation, establishing some degree of familiarity with either parent, which could only be psychologically and emotionally for children, this opens the possibility for abuse by mothers who may want to limit access to her children in an effort to sway court opinion or selfishly settle some personal issue she may have with her spouse. This can be particularly damaging to the child, who can develop parental alienation syndrome due to the absence of their father’s presence.
Prolonged deprivation of fatherly interactions can forever change the relationship children have with their fathers well into adulthood, something that should be clearly detrimental to a child’s well being. This can also be increasingly frustrating for the father’s in question, as their participation in their children’s lives is drastically reduced or eliminated entirely yet their financial contributions to cost of raising their children will likely still be demanded by law.
These sets of circumstances create an environment where children can be alienated from a parent that is part of an equation that’s conducive to a healthy upbringing, meanwhile a father who wants to exercise their parental rights are continually barred from doing so while expected to pay out sums they may not be able to meet each month. But this isn’t the worst of circumstances a father may experience when trying to get custody of their children.
- Orders of Protection in New York
Though available throughout the state, fathers living in and around the metropolitan area (Manhattan, Brooklyn, the bronx, Queens, Suffolk, Westchester and Nassau) maybe subjected to a higher probability of being under an Order of Protection, which is an extra step mothers may take to remove custody of children from a father.
Prior to any investigation, a mother could contact her local police precinct and claim that she and/or her children have been subjected to abuse or that she merely fears for her safety from her husband or their father, and she has a high probability of being awarded an order of protection against him. This is not necessarily during the course of a 911 call where a situation of imminent danger can be determined by officers reporting to a scene but through a visit to a station house. Typically, the father would be removed from the home and his access to the premises removed.
At this point, the father’s open to contest this order in a court and request a formal hearing to determine the validity of any charge made against him. He has a good chance of receiving it, too, several months in the future. In some cases it may be a year or more.
On top of the damage this may do to the children’s home life due to what may be a conflict between parents, the father must now contend with an abrupt shift in his life that places undue burden on his person as he attempts to adjust in time.
- What’s a Dad to Do?
In order for New York fathers to access the rights that are at their disposal, to clear their names when unjustly charged and regain access to their children, official representation is a must. The attorneys at Raiser & Kenniff have the experience with the New York court system and law to make sense of your particular situation and provide the best defense that will lead to a fair conclusion to your legal complications.
As a father, you could be worried about your rights when it comes to your children. For example, if you are currently in the midst of divorcing your spouse, you might be concerned that you will not have the right to see your children after the marriage has ended. If you are already divorced or if you were never married to the mother of your children, you could be dealing with visitation or custody issues, or you could be concerned about the amount of money that you are paying in child support.
All of these concerns are completely understandable. As a male parent, you probably want to ensure that you hire an attorney who is on your side and who understands the law. Fortunately, there are NYC fathers’ rights lawyers who specialize in working with male parents and who can help you with your case.
Child Custody
For one thing, if you want to be the primary custodial parent of your children, you could be concerned that things will not go your way in court. Across the United States, only one in six custodial parents, or 17.5 percent, are fathers. Therefore, you definitely have a reason to be concerned about the possibility that custody will be given to your children’s mother in court. If you believe that you are the most fit parent and that your children will be better off of they are with you, it is imperative to work with a good NYC fathers’ rights attorney who can help you fight for your children.
Visitation
Even if you do not want to be the primary custodial parent of your children, such as if you feel that they are in a safe and nurturing environment with their mother, you probably want to ensure that you get regular visitation with your children. Unfortunately, visitation can be a complicated thing. In some cases, one or both parents are willing to compromise and get along for the sake of their children, which can make visitation difficult or impossible.
As someone who has a right to see your children and who probably wants to make sure that you are able to maintain a solid relationship with them, you should not take matters of visitation lightly. Instead of trying to handle things on your own, you might find that you are much better off working with an attorney who is experienced in these matters.
Luckily, in general, the courts in New York want for children to have solid relationships and visitation with the non-custodial parent. However, you may need to have a lawyer help fight for you in court to help you ensure that your rights are respected. You can go in front of a judge for a hearing so that a visitation order can be granted. This order should list the times and dates when you are supposed to have visitation with your children. If the other parent does not cooperate with this schedule, this is a court matter that your attorney can help you with.
Even if you already have a visitation schedule in place but if you are not happy with this visitation schedule, such as if you do not feel as if you are seeing your children often enough, you can always ask your lawyer to request a hearing for the modification of your visitation order. Then, your lawyer can advocate for you in court and can help you ensure that you see your children on a regular basis.
Child Support
Child support is a tough subject for many people. If you are the non-custodial parent, you probably want to make sure that your children are properly cared for. However, you can also only afford to pay a certain amount before your child support will make it difficult or impossible for you to support yourself. Your attorney will help ensure that you are paying a reasonable amount of child support if you are a non-custodial parent. On the flip side, if you are a custodial parent, you have the right to receive child support to help you cover the cost of taking care of your children. If you are not currently receiving child support, you can work with an attorney who will assist you in taking the non-custodial parent to court so that you can arrange for child support to be paid.
As you can see, there are various issues that fathers have to be concerned about when it comes to matters with their children. Fortunately, there are NYC fathers’ rights lawyers who can help.
What You Should Know About How NYC Father’s Rights Lawyers Can Help You
One of the biggest concerns for newly separated or divorced men is how to continue to have a strong relationship with your children. With a divorce, there is likely to be a change of living situation, but this does not have to cause your relationship with your children to suffer. Father’s rights exist to help men continue to have a strong presence in their children’s lives and ensure they have equal time with children.
What Kinds of Rights Do Fathers Have?
divorce and family law have come a long way since the days when it was assumed that a mother was automatically the better parent. Today, fathers are viewed as equally important in a child’s development and care from birth through adulthood. Research has shown that the influence of a father can make a significant difference for children of both genders, and if a father wants to be involved in his children’s lives, all he needs is the right lawyer to help guide him through the process. Fathers can seek primary custody or a shared time agreement that works for both parties to minimize any back and forth. There is no need to be limited to seeing your kids every other weekend or school breaks. With the right agreement, you can continue to see your children daily, coach their sports teams and take them to special celebrations.
In addition to visitation, a father has an equal right to be present in the decisions that pertain to a child’s daily life. If you feel you have been cut out of the process of making important decisions, such as where your children will attend school or how they will spend the holidays, seeking out enforcement of your father’s rights through the family court is possible. These issues can be decided and put on paper so there is no confusion about how they will be handled when they arise.
Get Advice From a Qualified Father’s Rights Lawyer
There are many misconceptions out there about how custody and family law work, based on anecdotal experience and knowledge of outdated laws. Your bid for custody or visitation may not play out in the same way as a friend or family member’s did in the past. Even if you had a contentious divorce, this may have little or no bearing on whether you can see your children. With an experienced lawyer to help you prove you are a fit parent and a good influence on your kids, there is no reason to miss out on holidays and special occasions simply because you are not married to your ex-wife anymore. Family court can help you put a plan in place that includes equal time with you and your relatives on holidays and significant days to you.
Consulting with an experienced father’s rights lawyer is the only way to know for sure what your rights as a father are and how to get them enforced by the family court. Each case can be different when it comes to divorce and family law. Only an experienced family law lawyer can tell you the best way to proceed if you want to seek more time with your children. A divorce lawyer can help advise you on important points such as:
• What kind of visitation or custody should you seek?
• Will you need to go to court, and what can you expect when you get there?
• How can you get time with your children on holidays and school breaks?
• How much child support can you expect to pay?
• What important decisions can you ask to be involved in?
Even if you have already been to court or finalized a divorce agreement, that doesn’t mean that all hope is lost. Family court ultimately seeks to help children have the best relationship possible with both parents, so as long as you can demonstrate that you are a fit parent, the right lawyer can help you see more of your kids. If you have had a change in living situation, job or can demonstrate more stability than before, you may be able to seek a modification of your current agreement and more time with your children. A family law lawyer can advise you on what forms to file and how long it may take to see a change in the current custody agreement.
The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.
Working it Out
The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.
Specific Details
A good prenuptial agreement will also help with other aspects of the upcoming marriage. For example, it may spell out what is allowed depending on how long the marriage continues. A marriage of only a year or so may leave both parties willing to simply walk away. The prenuptial agreement lets one party keep their assets in the aftermath of a bad breakup. Both parties have what they need to avoid any longer term consequences for a relationship that was not mutually agreeable. The same is true of a longer relationship. If the marriage continues over a decade or longer, both parties may find their financial circumstances have changed. An agreement can recognize this face and make according adjustments that make sense to each member of the relationship. For example, if one party agrees to work while the other chooses to earn a medical or law school degree, the agreement can allow one party to claim part of the earnings of the other party as they have helped contribute to their ability to earn a degree and earn more money. This kind of agreement can cover many types of such circumstances in great and useful detail.
The Children
Any prenuptial agreement can also assist with any kind of childcare arrangements. If each member of the couple decides to bring a child into the relationship, the agreement can help with any kind of financial issues related to the care of the child if they decide to get a divorce. This is why it is important to get everything worked out in advance before getting married. A good attorney will listen to both parties and help them resolve any fiscal issues before they head down the aisle. This means that both parties can go into a marriage fully aware of what it means for them personally financially. It can also mean that both parties are fully clear what it means if the marriage is not working for them. A well-crafted prenuptial agreement is a great way to begin a marriage on the right foot.
It can be very difficult to understand your legal rights as a father. Mothers used to automatically get custody of children because of the tender years doctrine. This is not the case anymore, but fathers still have to battle to get the outcome they desire and deserve.
You may feel hesitant to hire an NYC fathers rights lawyer due to the cost. But it’s far too risky not to hire an attorney for divorce and custody proceedings. Investing in legal help now can save you a significant amount of money in the long run. Before you go to court, consider the importance of finding a good lawyer.
Statistics About Fathers Rights And Child Custody
Start by taking a look at facts related to fathers rights. Statistics show that only 17.5 percent of custodial parents are fathers. This shockingly low rate is a prime example of how the legal system can work. Even in modern times, it’s common for family courts to side with mothers.
One study even shows that children statistically have better experiences when fathers have custody. The same study reports that there are no proven benefits to mothers having custody of same-sex children. This data goes against the negative stereotypes about fathers being custodial parents.
Fathers Rights Threatened Even Without Pursuing Custody
If you don’t intend to pursue custody, that’s perfectly acceptable. You want to make the best choices for your children. But you still need a lawyer even if you aren’t the custodial parents. Again, this is because of legal bias against fathers.
Many fathers want plenty of family time with their children. Divorced parents can struggle to agree on this topic. If you don’t have custody of your children, your input about family time may not be considered. Your input about medical decisions and your child’s overall well-being may be dismissed.
Scenarios where fathers don’t have a voice are truly unacceptable. And without a lawyer, you can’t pursue the best possible outcomes. Legal terms and court proceedings can be complicated and difficult to understand. This makes it absolutely crucial to hire a fathers rights lawyer even if you don’t intend to pursue custody.
What A NYC Fathers Rights Lawyer Can Do
You may be wondering exactly what a fathers right lawyer does. Overall, their duty is to protect your rights regardless of your situation. Every father deserves to have their voice heard. And there’s so much more to family court than determining custody. Your NYC fathers rights lawyer can help:
- set a balanced visitation schedule
- ensure that child support rulings are fair
- make legal modifications to any agreements in place
- defend you if domestic violence scenarios or accusations arise
- pursue or fight restraining orders
These are just a few examples of the invaluable services your attorney can provide. You should never make informal decisions out of court regarding your children. Without going through legal proceedings, informal agreements are often considered invalid. Your fathers rights lawyer will aggressively work to ensure that every decision made holds merit.
Tips For Choosing A NYC Fathers Rights Lawyer
Finding the best possible lawyer is crucial for you as a father. You want legal assistance from a professional, determined, and experienced attorney. Don’t hesitate to consult with a few fathers rights lawyers. It is important to get legal representation quickly. But you also want to choose someone that you can trust.
Consider writing down a list of questions to ask lawyers during consultations. A quality attorney will gladly provide you with the information you want. Getting answers can help you confidently make a prompt decision.
It’s also important to be factual and honest during consultations. This is certainly an emotional time for you as a father. But legal proceedings will be based on the facts, so your lawyer needs to know them. It may be helpful to write down an outline of your situation before a consultation.
The Legal Help You Need Is Awaiting You
You’re undoubtedly feeling uncertain and overwhelmed, and you want to do what is right for your children. It is your lawyer’s duty to fight for your best interest. No matter what has happened, you have many legal rights as a father. Help is right around the corner – start the process with an NYC fathers rights lawyer now.
Fathers are crucial to the well-being of their children and their role in a child’s life does not end with divorce, separation or permanent custody determination. Fathers in New York have rights to their children and they have protection under New York State law. Even if the parents of a child are unmarried, fathers still have rights.
If you are facing loss of custody of your child or children or if you feel your rights to your children are being violated, you should contact an attorney as soon as possible. An attorney understands New York Law which protects father’s rights, and they can navigate the courts to ensure the best possible outcome in the establishment or continuation of your parental rights as a father.
Custody and parental rights exist under the category of Family Law and Family Law follows the jurisdiction of the state. The United States has the Uniform Child Custody Jurisdiction and Enforcement Act which facilitates cooperation between all 50 states in regards to custody cases. So for example, if you have established paternity and custody in another state, New York state will comply with that order and other states will comply with paternity and custody ordered in New York.
The first thing necessary to establish the father’s rights is paternity. If both the mother and father are married, the husband is considered the father of the children, unless it is disputed. If the parents are not married there are two ways to determine paternity, the father signs an Acknowledgment of Paternity which acknowledges he is the father or the court is petitioned by either or both parties to determine paternity.
Once paternity is established, the judge examines all of the evidence and testimony to determine the best interests of the child. The judge then rules on custody which may result in a sole or joint arrangement. Many things are considered by the court when determining custody of children such as:
- The mental and physical well-being of each parent
- Depending on their age, the child’s wishes and preferences
- Each parent’s Work schedule
- The child’s school situation
- History of violence in the family
- Each parent’s ability to care for the child
The judge will decide if custody will be sole (one parent) or joint (both parents). They will also decide which parent has legal custody and physical custody. Legal custody is when a parent makes all the important decisions in the child’s life such as medical care, education arrangements, religious instruction, and other major life decisions. Judges often give both parents legal custody, however, each case is unique and will depend on the elements of each individual case.
Physical custody is when the child resides with one parent. It is also common for the court to issue joint physical custody orders. This doesn’t mean that the child’s time is split evenly between parents, it could mean that the child lives with one parent during a school week and the child lives with the other parent on the weekends.
Each custody case is individual and unique to the circumstances of the family petitioning the court, but fathers are more and more awarded joint custody and even full custody as more and more women are opting to prioritize their careers or wish to leave the home altogether.
Usually, custody and other issues involving parental rights follow a similar pattern though not in all cases. On the initial appearance in court, the judge will consider the history and present situation of the child, and determine if the child is safe to remain in their present situation. If so, another hearing will take place usually within a month or less.
At the second hearing, a judge will discover what the parents of the child want in regards to the child, if they did not do so at the first hearing. If the case is complicated, there may be more hearings or they may be scheduled closer together. The judge may request information from family members, teachers, doctors and other people who have contact with the child.
It is always best to work out a shared parenting plan with your child’s mother. In this plan you can come to a compromise on things such as: Visitation cycle, holiday schedule, vacation time, special family events, stipulations about parenting. Presenting the court with a mutually agreed upon parenting plan not only shows the court that you have your child’s best interests at heart, it minimizes state interference as much as possible by allowing parents to compromise with each other for their child’s sake. This is not always possible, but always advised.
It must be understood that the court is working for the best interest’s of the child and not for one parent or the other. There are cases where joint-custody is not an option and the judge will determine what the best caretaker would be for the child and rule accordingly. Both mothers and fathers are treated equally under the law regarding a child’s best interest. If a father has been awarded sole legal and physical custody, he has the same rights as a woman to request child support.
Mothers have traditionally been considered the best caregiver and the most important relationship for nurturing children, however, this is not always the case. As long as a father is not violent, abusive, involved in criminal activity or otherwise a danger to their child, fathers have the right to see their children, make decisions in the interest of their children, have visitation rights and have recourse within the law if their child’s other parent does not abide by the ruling of the court in their case.
If you are a father who is facing a child custody case, a child support case or a paternity petition in the State of New York, you need a New York father’s rights attorney who can advise you of all your legal rights and fight for you and your child’s interests.
Call the Spodek Law Group today for a free consultation on your case. We are one of New York’s oldest law firms with 50 years of experience and we have multiple offices in NYC and long island to serve you. To us, you are family, and we will fight in your corner for your parental rights.
