Parent’s Rights

Though much has changed in the past few decades, mothers are often thought of as the “de facto” primary caregiver. But this is not always the case.

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 now for a consultation. 

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.

How Can You Protect Your Rights As A Parent?

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.

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. 

Need Help Fighting For Your Rights? Contact 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.

At New York Family Law Group, Martin Mohr and Ethan Steward are here to help. Our team of experienced fathers’ rights 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 us for a case review today.

Schedule your consultation today!

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"My experience with my Attorney Mr. Mohr was EXTREMELY WONDERFUL.  He is an excellent Attorney to hire for Family Court Cases. I hired him one year ago & currently still have him as my Attorney on my Family Court cases here in the Bronx, New York.  Mr. Mohr & his Law Firm are very Understanding  & Respectful. Thank you Mr. Mohr for continuing to help me with my legal case. I APPRECIATE it!!"

Former clienT

"Anyone who is need of legal help should come here first! Martin is a professional and is responsive. He gives all the information you need to put you in a better head space when it comes to making a legal decision.  A session with him is in your best interest if you need help and have questions regarding your legal matter.  I will contact him again if I'm ever in need of his services. Much appreciated sir Thank you!!"

Emmanuel Grant| Former Client

"Attorney Steward listened to my story and strongly represented my interests. He was courteous and responsive during the interactions and explained my choices to me in an understandable way, making sense of a very confusing system. He was able to prevail and achieve the outcome I needed, using his legal knowledge and communication skills. I cannot say enough about how he assisted me."

Suzanne | Former Client

"I would definitely recommend Mr. Mohr as an attorney he takes his time to overlook and view the case and also does his BEST. I’m very happy with the service I received from Mr. Mohr and his law firm."

Francisco G.| Former Client

"[Ethan] was very attentive and fought for everything I wanted kept me informed all the time and made me feel like I was family."

Uton | Former clienT

"Once Ethan got to analyzing my case, he was surgical. He broke down for me what I could expect in a very forthright, organized, and easy-to-understand manner. Then he went out and aggressively fought for me, getting better results than I expected. Finally, as he'll tell you over and over, his word means a great deal to him. It's important for me to be able to trust my lawyer, so his honesty throughout my cases really meant a lot to me."

Former clienT
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