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03 Jul 17

Nassau County Father’s Rights Lawyers

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Fathers Are Misunderstood

When many people think about a situation involving parents who are divorced or separated, they sometimes think that the father is the one who leaves the home and doesn’t want much to do with the children. This isn’t quite how it happens all the time as fathers have rights to their children just as much as mothers do in Nassau County, New York. There are rights that fathers have that they might not know about because they fear that they won’t win any kind of visitation in court and only be seen as a bank that sends child support each month. There have been significant changes in how fathers are involved with their children, leading to a Father’s Rights movement across the country according to the Huffington Post. More people are seeing that children can live with the father just as much as they can live with the mother, which has prompted more attorneys to look at ways to help fathers succeed in raising their children.

The Rights of Fathers

Whether a father is married or not, there are still rights that the man has when it comes to his children. If there are obstacles in the way, then the father can seek the assistance of an attorney who will fight for visitation or custody of the child. According to FindLaw, fathers have a right to object when the other parent wants to place a child for adoption. The father can seek assistance from an attorney to petition for the custody of the child. A father who is expecting a baby and opposes the termination of the pregnancy cannot prevent it from taking place. On the other hand, if a father opposes that the pregnancy is carried to term, the father is still responsible for supporting the child after birth. There are some groups that support the rights of fathers that suggest men should be able to deny fatherhood and sign over any obligation to support the child if the child is born against the wishes of the father.

Paternity Leave: The Family Medical Leave Act

Mothers are eligible for maternity leave in most situations. Groups advocate that fathers should be able to take the same time off of work when a new baby arrives. There are some countries and states that allow this, but many do not. The Family and Medical Leave Act is in the process of allowing parents to take up to 12 weeks off of work to bond with a new child that is born or adopted into the family.

Child Custody

The topic of custody is one that can be touchy for some fathers. New York family legislation is written to be fair to both father and mother in custody battles.  Nevertheless, in the practical application of the law, courts frequently favor mothers in child custody and child support disputes. Even more regrettably, men who were never married to their child’s mother can find it much more difficult to win custody or visitation rights, even though the law expressly provides that marital status has no effect on parental rights. 

Your Nassau County father’s rights lawyer can fight for the rights of fathers to gain more hours for visitation during the week, shared custody or full custody if the mother is not available for the child or if the mother is seen as unfit for the best interests of the child. Fathers have a right to declare that they deserve shared parenting time, especially if the father can prove that he has a substantial home environment and can financially support the child. At times, one parent might interfere with the custodial time of the other. An attorney can step in to ensure that the custodial parent or the parent who is supposed to have time with the child receives that designated time. There are some situations where interfering with parenting time can be seen as a felony. There could be changes in the custody agreement as well as financial obligations.

Child Support

If you are a father presently facing a divorce or separation agreement in Nassau County, New York, it is strongly recommended that you retain the services of a skilled Father’s Rights attorney to protect your rights as a father. Child support is a matter that will arise if you have children.

Customarily, child support is calculated on the basis of a set formula, but specific child support amounts can vary from jurisdiction to jurisdiction. Combined parental income is figured out by first subtracting social security and taxes. Here are basic child support calculations.  Bear in mind that these may vary depending upon your particular situation and the needs of the child or children:

  1. One child – 17% of combined parental income
  2. Two children – 25% of combined parental income
  3. Three children – 29% of combined parental income
  4. Four children – 31% of combined parental income
  5. Five or more children – 35% of combined parental income

Unmarried Fathers

If the father is not married to the mother, then the father has to essentially adopt the child in order to have any kind of parental rights. If the child is not legally the father’s, then seeking visitation with the child can be difficult without the assistance of an attorney. It’s important for fathers to know the paternity of the child as the information can be used for everything from visitation to orders of child support. The paternity of the child can be requested at any time after the child is born and by either parent.

Assistance Of An Attorney

Fathers can and should consult with a family law attorney to get help with filing for custody, seeking visitation or requesting a paternity test. The attorney can fight for the rights of the father that are often looked over in a separation or divorce, seeking fair treatment for all parties who are involved in the life of the child.

 

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