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