Fathers are caregivers, too. Divorces that involve custody of the children often leave the father wondering what his rights are. Over the years, state laws have changed and are no longer overly preferential towards the mother. Nowadays, fathers have just as much right to custody of their children as the mothers do. However, there is still an unspoken bias towards the mother, so it is important for fathers to seek competent representation from a skilled New York City Fathers Rights Attorney in a custody case.
In all child custody cases, the courts bear the child’s best interest in mind, no matter the gender of the parent he or she resides with. Courts tend to err on the side of awarding almost equal custody to both parents unless there are extenuating circumstances. If you are a father going through a divorce, contact the law office of Vivien I. Stark, P.C. to fight for your rights as a father.
What Rights do Fathers Have in New York City?
As a father, you have certain legal rights in regards to the well-being of your child. If you are going through a divorce, you may need to hire a Fathers rights attorney to enforce those rights for you. If you and the mother were married when the child was conceived, you will be assumed as the father. If not, paternity will need to be established before you can proceed. In a child custody case, the father has the following rights and obligations:
To financially provide for the child.
To pursue and maintain a relationship with the child.
Rights to visitation.
To decide on factors involving the child’s life, like relocation and school choice.
To parent and discipline your child.
To have access to the child’s medical records.
Though these are your rights as a father, it may be difficult to exert them in some divorce cases. If you have a history of absence in the child’s life you don’t have the same rights as a father who was present. If you cannot provide for your child or have a strong history of abuse or neglect, you will not be awarded custody. Additionally, noncustodial parents are not allowed to manipulate visitation rights. For example, if a noncustodial parent is not able to see a child as much as he or she would like, he or she is not legally able to stop paying child support.
The only way to enforce visitation and/or custodial rights is to work with an experienced Fathers Rights Lawyer in New York City who will present your case to a judge. Make sure your rights are protected during a divorce, including your rights to child custody and support, fair asset and property division, and spousal support. Divorces are stressful enough as it is, and fathers may sometimes face difficulty when trying to enforce their rights, especially regarding time with children. Fathers who seek experienced legal counsel have a better chance of having their rights heard and addressed.
Protect the Rights of Yourself and Your Children
If you are a father going through divorce, contact the law office of Vivien I. Stark, P.C. to fully protect your rights throughout the proceedings. She has over 30 years of experience in divorce and family law and fights for her clients and their children with vigilance.
Vivien I. Stark is committed to the well-being of her clients and has been recognized by Avvo as a top contributor and NYC divorce attorney with superb ratings. She is also an accredited member of the Better Business Bureau. She serves the five boroughs of New York City. Don’t trust the future of your children and the division of your assets and property to an inexperienced attorney; contact Vivien I. Stark today.
To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.
The Law Office of Vivien I. Stark, P.C. can assist you with the following areas of child custody: