Fathers Rights in New York
In New York, divorces usually include visitation and child custody issues when children are involved. When parents are not able to agree on child custody and visitation, the court may have to issue a court order for child custody and visitation.
Paternity Laws in New York
The laws that cover paternity rights in New York are based on a variety of factors. In most cases, an unmarried father must first establish paternity as the legal father of the child. If an unmarried father has to establish legal paternity, he will need to file a voluntary acknowledgement or a paternity case, which is required before Family Court can grant custody or visitation. However, it is important to note that if a man is married to a woman, and she gives birth, the man is seen as the child’s legal father, according to New York law. If a mother wants to contest the husband’s parental rights, she will need to prove the husband is not the father through DNA evidence before the court can take action.
If a father wants to request visitation or custody in New York, there are two state courts that will decide if the father should be granted custody or visitation rights, so it is important a father start the proceedings in the right court. An experienced family law attorney can provide fathers with guidance when starting court proceedings. In most cases, the New York Supreme Court will handle divorces and custody issues, and the New York Family Court will handle custody and visitation issues between unmarried or separated parents. During a divorce, parents must establish who will have residential custody and legal custody, which will determine where the child will live and if both parents will have the authority to make decisions regarding their children’s education, religion, and medical care.
If parents need help negotiating on an agreement, mediation services may be a good idea. When parents are able to agree on terms of custody and visitation it will be approved by the court, but parents who are not able to come to an agreement will have the court determine custody and visitation in place of the parents.
When a divorce takes place between a man and a woman, and there are children involved, it may cause a man to become worried the New York Supreme Court will favor the mother in regards to custody and visitation. However, according to the law, a court may not favor either parent based on gender. The court must make decisions based on the circumstances of the case and what is best for the children involved.
Custody and Visitation
If parents going through a divorce are not able to reach an agreement, the New York Supreme Court will consider the factors of the case and make a decision about custody and visitation. A father will need to show he has a good relationship with his children and that he can get along with the other parent. It is also important for the father to let the court know if he is the child’s primary caregiver. When the factors of the case are reviewed, the court will determine if the parents will both have legal custody and which parent will have residential custody.
If you are a legal father, or you are a father trying to establish paternity, then it is imperative to seek help from an experienced family law attorney who specializes in father’s rights. A family law attorney that serves the Manhattan area can provide you with all the information you need.