Queens Father’s Rights Lawyers
Fathers should understand when it comes to custody issues that they have rights. For some reason over the years, their seems to be some unspoken rule that men only have limited rights and they should never attempt to get custody or challenge visitation because they will lose. This is not correct. There are a number of men out there who are excellent fathers. They should have their rights protected under the law. If you are a father who feels that his rights have been violated, contact a father’s rights lawyer immediately. They will be able to get you the justice you deserve when you have been unjustly kept from your child.
There are many qualified fathers out there who should be prepared to fight for custody. If you have been a constant influence in your child’s life you have just as much right to have joint or even full custody of your child. You will need a good attorney who will fight hard to see that your rights are not violated. A father’s rights attorney can help.
Sadly, over the years, the rights of men in custody proceedings have been ignored for years. When it comes to custody and child support, about 99% of the time, the mother would get custody. If a man ever won custody, the woman had to have done something really bad like strung out on drugs, alcohol, abused or neglected the children or worse. The courts would automatically favor the woman and there was not much he could do about it.
The right custody lawyer can definitely help if you want custody over your children. Fathers play a very active role in their children’s lives. Even in cases when custody is not awarded, they should play a significant role in what goes in with their children. Over the years, a number of organizations have come to the aid of fathers. The courts are now doing much more to help fathers stay in the lives of their children.
According to statistics, about 24 million children have fathers absent from their lives. This could be for a variety of reasons — incarceration, living in a different state, deceased or unfortunately, some are deadbeats, who have no interest in parenting. Regardless of the statistics, there are millions of men who want the opportunity to be in their child’s life. It this is the case, and you feel that you haven’t received fair treatment, call a father’s rights attorney for help.
In a study conducted by the National Center for Education, over 20,000 parents were interviewed about the affect of the fathers being in the child’s life. It showed that the vast majority of children with fathers actively participating in their lives had better grades, stayed out of trouble and were involved in extracurricular activities.
If you are a father and would like to have more information about parental rights, contact a father’s rights attorney. Not only will they represent you to the fullest, they can also put you in contact with other important resources. There is also a Father’s Rights Association in New York. This organization is run by lawyers who can properly represent you. But it is advised to seek out representation of any lawyer who is experienced in such matters. Call for a free consultation today.
Can I marry someone else if we’ve been separated for a long time?
If an individual has been separated for an extended period of time, which includes living in separate residences and leading different lives, he or she may feel like a they are divorced. Furthermore, those who have been separated for a long time may have started dating other individuals, and it can be easy for these individuals to start planning their lives with their new mate. However, it is important to note that divorce and separation are not the same, and acting without understanding divorce and marriage laws can get an individual into significant legal trouble.
What is the Difference Between a Divorce and Separation?
Although two individuals who are separated are no longer sharing their lives together, they are still married under the law. Even though a married couple is not together anymore, they still share legal obligations as a married couple. Although these individuals may be disconnected emotionally, there are a wide range of legal aspects that need to be dealt with, which includes child support, alimony, or any debts that the couple shared when they were still together.
What is Bigamy? Is it Legal in New York?
The legal definition of bigamy is when an individual goes through the act of marriage while still being legally married to another individual. New York Penal Law 255.20 states that it is unlawful to procure a marriage license, commit bigamy, and commit adultery.
New York law recognizes bigamy as a Class E felony. If an individual is convicted of this offense, the penalties could include a prison sentence that ranges from one to four years. Since bigamy is a felony, those who and convicted and sentenced to incarceration will have to serve his or her time in a state prison.
What About a Common Law Divorce?
Unfortunately, there are some individuals who believe an extended separation means they are divorced. However, this is not true. Those who are separated could live the rest of their lives estranged, but the law will still recognize these individuals as a married couple. Those who do not want to be together any longer should proceed with a divorce to prevent any problems from occurring if they want to remarry.
When Will an Individual be Able to get Remarried?
When a divorce is finalized, an individual will be able to get remarried. An individual will need to document his or her marriage history, such as the name of his or her ex-spouse, and an individual will need to disclose the city and state where the divorce proceedings occurred. After the information has been reviewed, a marriage license will be granted, but an indiviudal may need to produce a divorce decree if needed. It is imperative for an indiviudal to wait to proceed with remarriage until the divorce is final.
If an individual is separated and dating another individual, then he or she should obtain a family attorney to start the divorce process. A divorce can take time, so the sooner an individual begins the process, the faster he or she will be able to remarry. Furthermore, an individual should be sure to keep his or her new parter aware of the proceedings, which will keep their partner informed of any support obligations that are mandated from the divorce.
Why an Individual Should Seek Help from an Experienced Family Attorney
If a married individual who is separated wants to get remarried, then it is crucial to hire a divorce attorney to provide guidance with the process. Although a Class E felony is not as serious as other felonies, it is still a felony that could lead to a prison sentence and a criminal record.
As a man, raising children is a special privilege.In the event of a divorce, the court will have to decide which parent gets custody of the children. The courts in Queens will usually favor the woman, even in cases where both parents have the same qualifications. Women are often very bitter after divorce and can use the children to get back at their spouses. In the worst cases, the woman can use the authorities to prevent their spouse from visiting the children. At the same time, the man will be forced to pay child support. Fathers have a right to see and even have custody of their kids, and a Queens fathers’ rights lawyer can help you with such a case.
Child Custody
When applying for a divorce, you will need to make a petition for the custody of your kids. You will have to make a list of all the kids who will be affected by your split and make your request for their custody. If your spouse is applying for the custody of the young ones, you should file a response, and make your petition. If you fail to make your petition, the court will simply assume you have no interest in the children and give custody to your spouse.
They will then assess your parenting abilities and grant custody accordingly. Developing events will also advise the court on who is best placed to provide a proper home for the children. You can attend parenting classes to polish your skills and show the judge your commitment to being the best parent the child can get.
The standards applied in determining who gets custody are not specific. A court simply chooses the option that will be in the best interest of the children. Generally, this would be the parent who is able to provide a better environment and the one with better parenting skills. It also includes these factors:
- Alcohol and drug abuse- Parents who use drugs and alcohol are less likely to be awarded child custody.
- Age of the parents, although this is only practical in cases of very advanced age. In the same vein, the physical health of the parents is considered. If you are too old or too sick to care for children, you are less likely to win custody.
- Available parents are more likely to win custody of their children. As a man, you need to have some time for your young ones.
You will get a chance to agree with your wife on the issue of child custody. If you are unable to come to a settlement, the court will be involved and the process will begin by filing the petitions. You will need to request a final hearing on the matter in court. This can be done before a jury or a judge.
Child Visitation
Unless the court prevents you from visiting the child, you have full rights to see them. Child visitation is in the best interest of the child and is, therefore, unlikely to be legally denied in normal circumstances.
If your wife has custodial rights, she cannot deny you the chance to see your children even if you get arrested, or fail to pay child support. The visiting schedules can be set up by the court or agreed upon between the two of you. Either way, the schedules cannot be violated by the custodial parent. The only reason to deny visitation rights will be if the court finds the visits harmful. Another reason will be if you are using drugs and alcohol during the visits. In such events, your wife can call the police, and this will limit your visits. For these reasons, you need to make sure your visits are healthy and only made when you are completely sober.
As part of your father’s rights, you can report any incident of harassment during your visits. Even subtle moves to prevent you from seeing your children can be considered contempt of court on the part of your spouse. Harassment can be in the form of threats. For example, if the spouse threatens to blackmail you for drinking during child visitation, you can report the matter. If found guilty, she can be fined or even jailed. The court might also make the visitations more favorable to you or even grant you full custody over your children.
When denied custody of your children, it is wise to file police reports so that you can have proof when taking the matter to court. It also shows how seriously you take your visits.
Should you call a Queens Father’s Rights Lawyer?
A lawyer can help you navigate the legal system since they are more experienced in the field. They have also studied the New York father’s rights and know how to get you the best deal possible. By contacting a Queens lawyer, you can enjoy your right to raise your children.
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