Historically, custodial visitation (or parental access for the non-custodial parent), and support disputes often resulted in favorable outcomes for a mother in court. The involvement of both parents in the lives of their child, however, is of paramount importance to their best interests. The law has evolved to provide for the best interests of the child in each matter.
Modern law stresses that fathers, just like mothers, generally should have ample time with, and equal decision-making authority over, their children.
Modern cases generally reflect the premise that having both parents involved in raising a child is usually in the best interests of the child in the long run. Oftentimes the best interests are served by equal time sharing (parenting time is still often called “visitation” for the parent who is not considered the “custodial” parent) between father and mother after divorce, as well as equal division of time on vacations and over the summer. Notably, if the mother is the primary wage-earner and the children reside with the father, default child support laws provide that the mother will be required to pay child support to the father.
Despite equality under the law and supporting case law in New York, fathers consistently remain concerned that they will be prejudiced in court. Fathers often fear a stigma against them if they are requesting child support. Today, fathers can download books, join websites or attend support groups, including The Fathers’ Rights’ Association of New York State. These groups are generally nonprofit charitable organizations composed of volunteers dedicated to the rights of fathers.
Keil & Siegel LLP fight for fathers’ rights
If you are a father and you have concern about ensuring your rights with respect to your child or children during and after divorce, the attorneys at Keil & Siegel will guide you through the steps you need to take to protect your rights. During our FREE consultation we will assess all of the issues relating to your children and your specific situation. There is no specific formula for child custody, and each matter requires a unique approach. We understand the impact these issues can have on your children and are dedicated to fighting for your rights as a father. We will make sure that you are sharing the maximum amount of time possible with your child, and that you are being paid the child support you are due or any arrears owed. In addition, changed employment circumstances or living arrangements may entitle you to modifications of support and custody arrangements.
Are you a father in need of legal assistance? Complete our intake form today. We will respond promptly.
Photo credit: “His First Christmas..” by Smabs Sputzer, on Flickr. Used with Creative Commons license.