How can I protect my parental rights as a father during a divorce in New York?

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Historically, fathers have been faced with gender bias that puts them at an unfair disadvantage during custody battles. However, when establishing child support, custody, and visitation rights, New York Courts must treat the mother and father equally. Despite statutory provisions, mothers are still commonly favored even though the traditional roles of the 20th century have shifted drastically. This can often leave fathers with no visitation or custody rights. As such, fathers must take the necessary measures to safeguard their rights to maintain a relationship with their children. If you believe that your co-parent will try to challenge your parental rights post-divorce, it’s in your best interest to enlist the assistance of our determined Suffolk County Father’s’ Rights Attorney, who can help you fight to preserve your role in your child’s life. Please continue reading to learn the steps you can take to protect your rights as a father during a divorce. 

How Do I Protect My Rights as a Father in a New York Divorce?

Firstly, fathers who have established legal paternity stand on equal ground with mothers regarding family law matters. Under the law, it’s presumed that it is in a child’s best interests to benefit from frequent and continuing contact with both parents. Nevertheless, if a parent is deemed unfit, they will not be granted physical or legal custody. The loss of legal custody can significantly impact the involvement of a father in their child’s life. As such, fathers must do everything in their power to demonstrate that it’s in the best interest of their child to remain an active participant in their child’s life.

As a father, the best way to protect your parental rights during a divorce is to put your emotions to the side and put your child’s needs first. It’s imperative to make your child’s overall well-being your priority. You should spend as much time with them as possible and keep their routine regular. It would be best if you were sensitive to your child’s feelings. In some cases, if a child can state their parental reference based on sound reasoning, it could weigh heavily on the court’s decision.

In addition, you document everything that you do for your child to demonstrate that it would harm your child if you were not granted visitation or custody. It’s beneficial to devise a parenting plan before the court and specify when and how often you feel each parent should see the children. Finally, it would be best if you spoke to a qualified attorney who can help determine the best approach as you fight to ensure you can continue to be the father your child needs.

When you need to take steps to safeguard your rights as a father, you’ll want to enlist the help of a skilled attorney from The Law Offices of Susan A. Kassel, P.C. We are prepared to provide you with quality legal representation to ensure you remain an active participant in your child’s life.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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