Long Island Fathers Rights Lawyers

Last Updated on

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.