However, fathers do have rights. Divorcing does not need to mean that a father loses his rights and access to his children. Indeed, across the country, shared custody is being increasingly recognized as the preferred form of custody to protect the interests of children and support the involvement of both parents in a child’s life. More than that, when a father pursues custody and claims their rights, the likelihood of a favorable outcome is greatly improved.
Father’s rights attorneys in Staten Island can help you to understand the rights that you have as a father and the steps that you can take to protect your rights and those of your children.
Family law decisions and family courts have a standard requirement to prioritize the best interests of the child. In situations absent abuse or unfit parents, research has underlined the value of shared custody for a child’s growth and development. The involvement of a father in a child’s life is important for their physical and psychological health.
In New York, fathers have a series of rights and obligations to their child. A Staten Island father’s rights attorney can help you to enforce these rights. This group of rights and obligations include the following:
- Parenting and disciplining the child
- Accessing the child’s medical records
- Visitation and access to the child
- Deciding and participating in decisions about the child’s life
- Financially supporting the child
- Pursuing and maintaining a relationship with your child
Courts are increasingly moving away from a reflexive model of awarding custody to the mother of the child. Joint and shared custody is increasingly becoming a standard. More than that, sole or primary custody for the father of a child is also a fully achievable goal that is frequently looked upon favorably by courts when the father demonstrates that he is in fact the better choice to offer care and primary guidance for the child or children.
A family law attorney is critical when seeking to uphold your rights and those of your children in a child custody case. When you consult with one of our Staten Island father’s rights lawyers, we can advise you on your situation and work with you to take legal steps to protect the rights of you and your children.
The issue of child support upon separation is also related to that of child custody. When fathers do not achieve custody orders that recognize their active place in their children’s lives, this can also be reflected in child support orders, because noncustodial parents bear the burden of financial child support.
Working with a Staten Island father’s rights lawyer can help you to support the best interests of your child without being subject to an unfair or unjust child support order. Our lawyers can help you to advocate for the best system of financial support for the needs of your children.
Generally, in New York, child support is based on a standard formula, although the actual order is variable from case to case. The general guidelines are as follows:
- For one child, 17 percent of total parental income
- For two children, 25 percent of total parental income
- For three children, 29 percent of total parental income
- For four children, 31 percent of total parental income
- For five or more children, 35 percent of total parental income
Our Staten Island child support lawyers can advise you about how best to move forward to protect yourself and your children.
Paternity and Adoption Rights
In divorce cases, most commonly, paternity has been established. However, in other cases, it may be necessary for you to establish yourself as the legal father of a child in order to access your rights.
By properly establishing paternity, you can access the court system to seek custody or visitation and have your say if a child is put up for adoption. A mother does not have the sole right to decide whether a child can be placed up for adoption; instead, a father has legal remedies to protect his rights, especially if he has maintained a constant relationship with the child or is interested in seeking custody himself.
Staten Island father’s rights lawyers can help you to establish paternity and protect your rights in court, including your rights to fair custody, child support modifications and other key issues. Contact our office today to set up a consultation and find out how we can help you to protect your interests and those of your children.