Long Island Father’s Rights Attorney

Fathers Have Rights Too

Fathers are no longer sidelined by merely being the Father. In fact, no matter how old your children are, and no matter what your previous history has been with the children, courts encourage relationships with children and Fathers to flourish. Every child needs their Father, and every Father needs their child.

Mothers’ Rights vs Fathers’ Rights

There is no such thing as a Father’s rights being more or less important than a Mother’s rights. Parental rights are very important, and parental rights are superior to all other rights (for example, superior to grandparent’s rights). The claim of Mother vs. Father, based upon gender alone, is non-existent in any legal context.

A Father’s Rights in Divorce

What rights do Fathers have in a divorce or a family court case? Fathers have the same rights as any other parent. Fathers have the right to equal, meaningful parenting time with their children. If the Father is the primary caretaker of the children’s needs, then that Father has a claim to be deemed the residential parent, where the children reside more than 51% of the time.

If the Father is deemed the residential parent, then that Father also has rights to receive child support on behalf of the children. Fathers may also be joint-residential parents, spending equal (50/50) time with the children; and Father may also be sole legal and sole residential parents in circumstances with the Mother (or other parent) is not fit to share in legal custody of the child(ren).

Fathers may also be the non-residential parent, meaning the children reside less than 51% with them. However, they are also entitled to substantial, meaningful visitation with their children on a routine and consistent basis. This also includes holidays, and special occasions.

Fathers have equal rights relating to major decisions regarding their children and the right to receive/retrieve the children’s professional records (i.e., medical and/or educational, etc.). Father’s typically must also sign off on obtaining a passport or traveling outside of the country.

A Father’s Custody Rights

A Father’s right to custody is the same as a Mother’s right to custody.

Child Visitation Rights for Fathers

Fathers have equal rights to meaningful visitation rights. The ideal visitation schedules provide routine and stability for all parties, especially the children, and have the flexibility to adjust to daily life.

Child Support and Fathers’ Rights

What rights do Fathers have when paying child support? If the Father is deemed the non-residential parent, then that Father will also have an obligation to financially contribute to the child(ren)’s basic necessities (roof overhead, food on the table, running utilities) in addition to certain required “additional” necessities.

For example, contributions towards: health insurance premiums for the child(ren), unreimbursed medical expenses of the child(ren), childcare (when reasonable and necessary), and certain educational expenses. Notably, these payments towards child support are not necessarily automatic and may also be capped in many cases.

Do Unmarried Fathers Have Rights?

What legal rights do unmarried Fathers have? An unmarried Father must be acknowledged as the Father of the child (ren) by having signed the Acknowledgement of Paternity during the birth of the child(ren) and/or through a Court Order. Once the Father’s paternity is established, the unmarried Father has identical rights as a married Father biologically related to the child(ren).

Do Fathers Have a Right to an Unborn Child?

Father’s rights during pregnancy include being provided up-to-date information on the child’s well-being. In some cases, it will include the Father’s rights to be present during the birth or immediately after the child’s birth.