Father's Rights

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Experienced Father's Rights Lawyer - NYFLG Family Law & Fathers Rights Attorneys

Though much has changed in the past few decades, mothers are often thought of as the primary caregivers. However, this is not always the case. In a child custody battle, it is very important for both parents to create an agreement that is in the best interests of their children. This is why seeking the help of an experienced fathers’ rights lawyer is very important when dealing with child custody cases. Having a skilled attorney may be able to help families with their child custody issues.

At New York Family Law Group, we fight for the rights of parents, both mothers, and fathers, for legal and physical custody of their children. Fathers have the same rights as mothers, and attorneys Martin Mohr and Ethan Steward will fight to protect your rights during child custody and child support proceedings.

Contact us today at (718) 293-1542 for a consultation with an experienced father’s rights attorney.

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Father’s Rights in a Child Custody Case in New York

Before the 1970s, custody cases were decided in the United States by courts using a legal doctrine called the “maternal prefer” law. This doctrine presupposed that the mother was the best person for custody. Fathers’ rights activists and lawyers for fathers, who cited civil rights violations under Fourteenth Amendment, challenged this doctrine. They were able to successfully remove explicit gender-based favoritism in state law. 

In conjunction with no-fault divorce laws that have been widely adopted, this de facto presumption allowed mothers to unilaterally end their marriages and take sole custody of their children, despite objections from the father. Most courts don’t pay much attention to the rights of the father in a divorce. The history of child custody disputes involving the children’s dads has been bitter.

New York’s laws that favor fathers were slow to change. Fathers’ rights lawyers cite research that suggests both mothers and fathers make an important contribution to children’s development. Children raised by both parents are less likely to experience negative socioeconomic outcomes like drug abuse or prison.

Fathers’ rights lawyers also addressed what they believe is an inequity in parent cost-sharing. The father’s rights lawyers claim that child support payments have been made in such a manner as to encourage financial divorce, and are too burdensome. The parents believe child support should not be limited to monetary payments and that other forms of support for children (food, transport, housing, etc.), should also be considered. The law should allow them to.

New York Family Law Group has a team of attorneys who can provide legal support to your family. We understand that some families find it difficult to navigate child custody cases in the state of New York. Family law lawyers Martin Mohr and Ethan Steward may be able to help you with child support modification or other matters involving your children. 

To speak with a father’s rights attorney, contact us today by phone or by email using our online form. 

What Are a Parent’s Rights In Divorce?

A father’s rights are the same as the rights of a mother or any other spouse. In other words, both fathers and mothers have equal rights to things like:

  • Child support
  • Spousal support
  • Legal and physical child custody
  • Visitation
  • Marital assets

The court is not meant to assume that the mother will be a more suitable custodial parent without first considering the child’s “best interests.” In other words, if the court believes that the child will have a better and more secure life if they live with their father, it may issue custody and visitation rights accordingly. 

If you or a loved one is facing troubles with child custody, speaking to a skilled divorce lawyer may be able to help. Please call us today at New York Family Law Group. 

How Can Fathers Protect Their Rights in a Child Support or Custody Case?

There are several ways that you can protect your rights as a father. One of the most important things to do is hire a New York family law attorney. Hiring a lawyer helps you come to a better settlement with your spouse, and ensures you have professional representation if rights such as custody or child support are disputed.

It’s also important to prove how much you’re supporting your child, show that you are providing a safe and supportive living environment, and gather evidence that custody or visitation with your child will be in their best interest.

Establishing paternity may also be important in a situation where you are not married to your child’s mother. In this case, proving paternity is required before your rights as a father can be established and protected.

At New York Family Law Group, our team of family law attorneys understands how domestic disputes can sometimes affect child custody cases during a divorce. Fathers may often find it hard to defend the reason why they are more fit to be the primary custodian of their children. Agreements can go sour even in the most friendly divorce cases. We may be able to help. 

If you are looking to speak with lawyers who may be able to help you create agreements with your spouse that are in the best interest of your children.

“We are focused on what matters to you, your family, and your future.”

Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

Do I Need To Establish Paternity?

Not necessarily. If you are married to the mother at the time of a child’s birth, you will automatically be assumed to be the father. When a child is born within a marriage, both spouses are assumed to be the child’s natural parents.

In addition, if you are unmarried but signed an Acknowledgement of Paternity when your child was born and your name is on their birth certificate, you will have full parental rights over the child.

What Are The Rights Of A Biological Father Of Non-Married Couples?

Your rights related to your child are, broadly speaking, the same as a married father, even if you’re not married to the mother of your child. 

However, if you are not married and did not fill out an Acknowledgement of Paternity when your child was born, your paternal rights must be proven using in one of two ways:

  1. A paternity application can be filed together with the cooperation of the parent of your child
  2. A father can petition the family court to provide evidence of paternity 

Once paternity has been established using one of these two methods, you will have full rights to custody, visitation, and other such parental rights. 

Schedule A Consultation Today.

Need Help Fighting For Your Rights? Contact the Skilled Attorneys at New York Family Law Group!

Fathers have the same rights as mothers in child custody proceedings, but the courts often are biased toward mothers due to the long tradition of mothers being the primary caregiver for kids. This is why it is important to seek high-quality legal support when dealing with custody issues.

At New York Family Law Group, divorce and father’s rights attorneys Martin Mohr and Ethan Steward are here to help. Our team of experienced attorneys in New York will guide you through the legal process, build your case, and present the evidence you need to protect your rights as a father.

Contact at (718) 293-1542 to speak with our skilled lawyers for a case review today.

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