Fathers' Rights Attorney in Nassau County
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The reality remains that fathers are perceived to be, and in many cases may actually be, on unequal footing throughout the course of a divorce involving contested custody issues.
While a father’s rights are implied in terms of custody, you may be facing other issues in your split such as those relating to child support, spousal support, or other issues. An experienced family attorney in Nassau County can respond to your concerns, as well as anticipate any further potential issues that may arise.
Importance of a Father's Rights
In the era of co-parenting where a woman staying at home and the man heading to work is no longer the prevalent norm, fathers are becoming increasingly involved in the more hands-on rearing of their children. Whether this means weighing in on important decisions such as the child’s medical treatment or education, or the smaller things like driving the kids to school or making them lunch, modern-day fathers are very much a part of their children’s lives, and studies show that children need their fathers in their lives.
Additionally, oftentimes in discussing father’s rights, given the fact that New York has legalized same-sex marriage, attorneys may overlook the very possible two father home, which presents its own unique challenges during a marital dissolution.
Paternity, or the legal status of father, is an important part of safeguarding your rights as a father. This legal status grants you the right to both legal and physical child custody as well as visitation – depending on the circumstances. New York assumes that if a married couple has a child that this child belongs to the husband. Therefore, in the event of an affair, paternity will need to be established. Additionally, if a child is conceived outside of marriage, paternity must also be established.
There are two ways paternity can be established:
- Acknowledgment of Paternity
If both parents agree on who the child’s father is, then they can choose to sign a Voluntary Acknowledgement of Paternity form.
- Paternity Petition
A Paternity Petition can be completed at any time from when the mother first gets pregnant until the child turns 21 years old.
Why Paternity Should be Established?
Paternity is established to reinforce the state’s best interests of the child standard, so that your child will grow up with the same support, love, and benefits as a child born into a married family. It also provides support to mothers as they can file for child support and visitation rights. Paternity allows a father to have custody of his child (in most cases) and spend quality time with him/her.
Father’s Rights to Child Custody & Visitation
Once paternity has been established, it is common for a child custody case to ensue. In New York, judges refer to the best interests of the child to determine if it is possible to award custody to both parents, also known as joint custody. Generally, a judge will strive to keep the child with both parents as equal involvement is healthy for a child’s overall wellbeing. If joint custody will not work, the judge will determine who should be the primary caregiver.
The factors the judge will consider include the child’s relationship with both parents, each parent’s health, each parent’s ability to financial support the child, and the parents’ ability to co-parent or work together to keep everyone involved connected.
Zealous Advocates for Your Parental Rights
If you are a father in the midst of a divorce, you’ll want to ensure that you are hiring a dedicated, professional, and experienced law firm to secure and protect your rights as a father. When you hire a seasoned attorney at Jason M. Barbara & Associates, P.C. you can rest assured that we will fight for your rights as a father.
Are you searching for an attorney to protect your father's rights in Nassau County? Whether you are facing a contested divorce, or an uncontested divorce, Jason M. Barbara & Associates, P.C. will work with you to ensure that your final divorce judgment is something that is favorable and agreeable for the foreseeable future.