bronx fathers rights lawyers

bronx fathers rights lawyers

Divorce or a bad breakup can often chauffeur the issue of fathers’ rights. But fortunately, regional Bronx laws and federal guidelines protect fathers. You will need an attorney to help you to navigate through the system.

Were You Convicted of A Crime?

In most cases, the state does not require that convicts lose their parental rights. The exception would be a crime against a child or an especially violent incident. However, sometimes an ex will try to push the abandonment issue if the father is incarcerated. This would be illegitimate, but you would need an attorney to convince the court of that.

A Soldier Returning From War

Wartime veterans have every right to see their children. The court would only suspend or limit fathers’ rights if they believe that the soldier is a potential threat to the child. If you are suffering from PTSD after war, you will likely need an attorney to represent your interests. The same would apply for any father who is suffering from a mental illness (or accused of suffering from one).

Reasonable Visitation

In the event of a separation, your ex might become vindictive and keep the children away from you. He or she might dictate that you can only have supervised visits. If there is no cause for this action, then you can fight that with the help of an attorney. But you should not proceed by yourself. Bronx law and state guidelines can be difficult to discern, and if your ex has an attorney while you do not, he or she will likely prevail.

Establishing Paternity

There are some cases in which an estranged significant other will challenge your biological paternity, which will compromise your visitation rights. The court typically requires that there is a preponderance of evidence for your paternity. An attorney will walk you through some of the basic requirements.

Challenging An Adoption

If another party is attempting to adopt your child, he or she is probably making the case that you are unfit to be a parent. This could manifest as an appeal to your criminal record, history of dereliction, incompetence, failure to support your child or other factors. Fighting this can be daunting, especially if there is a lawyer on the other side. Further, in some cases you will need to establish paternity prior to challenging an adoption. You will need an attorney to stand up for you.

Order of Child Support

As a general principle, the court tries to find a child support plan that [1] sufficiently cares for the child in question and [2] can be reasonably provided by the father. Sometimes a child support order can take too much from the father. There are also times when you need to modify a child support order due to your change in status. An attorney is a worthy investment and could save a lot of money.

Preventing Your Ex From Moving

If you have visitation rights, there would be restrictions against your ex moving out of state. If he or she tries to take that issue to court, a lawyer can prevent the move.

Protecting Your Visitation Rights

There have been cases in which a judge will order that a father has unsupervised visitation rights, but the mother insists on being present for all visitations. A counselor could bring this issue to trial, as she would essentially be violating a court order.

Voluntary Termination of Parental Rights

If you are involved in a relationship with somebody who has children from a previous marriage, you might want to adopt her children. If the biological father is willing to sign over his rights, then the process will be easier. But nonetheless, the process will still require a qualified attorney.

Incarceration/Rehab

If your ex initiates a termination of your rights while you are incarcerated or in rehab, you will need a lawyer to stand in your defense to delay the trial until you are released. If you anticipate that you will be incarcerated for a period longer than one year, you should contact an attorney to talk about how to preserve your parental rights.

You Are Not Married

Some couples have the impression that a conjugal bond is necessary to seal parental rights. But the truth is that as the father, you have the right to see your children even if you were not married. So if your ex is keeping your children from you on the grounds that you were unwed, he or she is in violation of Bronx law and you should contact an attorney.

The court system is there to preserve your rights and protect your child. If you are not a threat to your child, you have parental rights. Consult with an attorney about your specific situation.

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