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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.
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.
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.