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.