Asserting Fathers’ Rights
- Paternity cases — In most states, if a child is born to a married woman the husband is legally presumed to be the father. Sometimes, however, it becomes necessary to prove your paternity to the child to establish that you are in fact the legal father. In New York, if the parents aren’t married to each other when a child is born, there is a key legal step needed for the father to be recognized. This could be signing an acknowledgment form at the hospital. Or a judge could issue a court order stating that someone is legally the father. No matter what the precise facts, we can guide you forward confidently in taking steps that make sense for your specific situation.
- Custody and parenting plans — In theory, New York is supposed to have a presumption of shared child custody when parents of minor children split up. This means that mothers don’t necessarily get primary custody or more parenting time, even if they have been the primary caregiver. Our law firm can help you seek shared custody and equal parenting time with your minor children. You may want to consider the consultation of an attorney in these cases so that we may create the best legal strategy for your specific situation.
- Adoption — In all states, the birth father and birth mother hold the primary right of consent to adoption of their child. For an unmarried father to hold this right, he must first legally establish paternity. Sometimes fathers may also have this right terminated in court for reasons including abandonment, failure to support the child, mental incompetence, or even abuse and neglect. We especially encourage fathers’ looking to pursue adoption to seek legal counsel so that you may truly have the best chance of a successful adoption.
There are also many other ways in which we can safeguard the interests of both married and unmarried dads. For example, we advocate for fathers who are affected by changes in New York’s alimony laws, which took effect in 2015 and 2016. These changes apply to both temporary maintenance (before the divorce) and longer-term support after the divorce becomes final. These changes dramatically altered the legal landscape with respect to alimony payments and we encourage fathers to seek sound legal counsel to make sense of it all.
Get A Strong Advocate On Your Side
At our firm we believe that it’s important to remember that every situation is different, and no two cases are exactly alike. Therefore, we encourage fathers to seek legal counsel in order to be sure you have the best chance possible of attaining your desired outcome. Fathers’ rights issues can be some of the most difficult or potentially rewarding moments in a father’s life. Here at Rieger, LLP we pride ourselves at being able provide every single client with the best possible legal representation.
To arrange a confidential consultation with one of our experienced attorneys in Garden City and Nassau County, please call our office to find out how we can help you create the best course of action possible. We look forward to assisting you with your unique situation, so you can assume your rightful role in your child’s life.