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Fathers have a basic right to be the father of their children. While state law and Long Island courts may not always recognize these rights, a Long Island father’s rights lawyer can help fathers protect their rights to have a close relationship with their children.
What are father’s rights?
All fathers should have basic rights. They should the right to visit their children. They should have the right to participate in the rearing of their children. They should have the right to provide their children adequate support. The rights of fathers are innumerable to be listed, but they all revolve around the idea that fathers should have the right to be the father of their children. This right exists whether the father is married to the mother or not. It extends to those who were never married and those who are divorced.
Typically, fathers only get visitation rights with their children. These are limited interactions that occur on a couple of weekends every month. They might get limited contact with their children during the week in the form of a phone call. Fathers want more time with their kids, but court orders prevent this from happening, especially if the mother is unwilling to share child rearing with the father. When the mother remarries, it can feel like the rights of the father are further diminished.
Because of the status of these rights in the state of New York, fathers who want to assert these rights need the help of a lawyer who understands their needs and desires. They need someone who can help them fight for their rights on long island.
Why are father’s rights important?
Study after study shows that children who have a relationship with their father, even if the parents are divorced, do well later in life. They have fewer behavioral problems and have better relationships with both parents. If parents really care about their children, they understand just how important the relationship the child has with each parent.
In the battle that many divorces become, children are tossed in the middle. Mothers use their traditional role and the antiquated idea that children can only have one primary attachment figure to keep the father from having equal time with the children. Research shows time and again that children can and do have multiple primary attachment figures in their life. Ripping away one of their primary attachment figures can be very detrimental to the child’s development.
Which laws respect father’s rights?
Unfortunately, there are no specific laws that are designed to protect the rights of fathers in the state of New York. There is no specific law that states unequivocally the rights of fathers and protects those rights. Father’s rights are relatively unknown in NY laws and statutes.
Case law does not explicitly support father’s rights in New York either. There are State Supreme Court cases that have been interpreted as putting constraints on the rights of fathers in rearing their children. In Fuentes vs. Board of Education, it was ruled that the non-custodial parent had no right to sue the Board of Education to ensure that his child had an adequate education. NY case law still often tilts in favor of the mother in court cases. Courts on long island are really no different in this regard. It’s this tradition that makes father’s rights difficult to protect.
How can father’s rights be protected?
Without positive law on the side of fathers, they have to go to court and fight for their rights every time they go in front of a judge, whether it is for custody agreements, visitation rights, or child support orders. In these cases, the deck can seem stacked against the father. This is why it’s extremely important that a father has an attorney who will assert his rights to fairness.
One thing to keep in mind is that it can be more difficult to modify an existing order than it is to make the order fair in the first place. This is why fathers need the help of an attorney who knows the importance of father’s rights from the beginning of the divorce. They shouldn’t trust that their spouse will do the right thing or that her attorney will be fair. How much child support is fair to pay? Should a father get full custody or shared custody? Should a father be limited to just visitation rights? What role can a father play in the rearing of his children? These are questions that a Long Island father’s rights lawyer can answer.
A long island father’s rights lawyer knows the local Long Island family court system. They know what is fair for child support orders. They know what is fair for child custody agreements. They know what is fair for visitation rights. They are the best way to protect father’s rights.
When it comes to your relationships with your child or children, dealing with legal issues can be tough. You may be wondering whether or not you have the legal right to a relationship with your children. While the rights you have as a father in the State of New York depend on a few factors, it’s important to consult with a Father’s Rights lawyer to see how the laws apply to you.
To define a father’s rights in long island, there are a few considerations:
- Whether you are or were married to the mother of your child
- If the mother of your child or children is married to someone else
- If you were unmarried at the time of birth, whether you have an “Acknowledgement of Paternity” or an “order of filiation”
- If you have a child visitation agreement
- If you pay or are behind on paying child support
If you are or were married…
If you were married at the time of your child’s birth, you are automatically granted legal rights as the father of your child or children. Although the mother of your child can petition the court for paternity if she believes you are not the father of the child, you are protected by law as the legal father. If a petition of paternity is filed in this case, you should absolutely consult a father’s rights lawyer, as your case may get very complicated.
If the mother of your child or children is married to someone else…
Under New York law, the man the mother of the child or children is married to is the father, for legal purposes. If you believe the child is yours, you must file a petition for paternity and obtain a court ordered paternity test. Even if you are proven to be the biological father, that does not guarantee you any legal rights. Your father’s rights lawyer can help build your case. Ultimately, the decision is up to the judge.
If you and the mother were unmarried at the time of birth…
If you were present at the time of birth and signed an “Acknowledgement of Paternity,” then you are legally recognized as the father. This means you have the legal right to a relationship with your child, and you have the legal obligation to be responsible for your child. This means that the mother of the child can file for child support and, if ordered, you must pay it. To ensure what you’ve been asked to provide is reasonable, work with your father’s rights lawyer who will help protect you financially.
If you have a child visitation agreement…
You have the rights defined in the visitation agreement. If the visitation agreement is being violated or otherwise not upheld, you have the legal right to report it and appeal the decision. If at any time you feel the agreement is unfair, you have the right to modify the agreement. It’s best to have a lawyer who is familiar with your case and can continue to defend your rights as a father throughout the length of the agreement.
If you pay or are behind on child support…
It’s best not to wait until you can’t pay or are in violation of child support payments to contact a lawyer. However, if you find yourself in a bad situation, your father’s rights lawyer can help you navigate the legal requirements for paying child support and avoiding legal problems. By working with your lawyer, you’ll ensure child support is current and you have nothing to fear.