What are the Father’s Rights in New York?

Fathers in New York City may feel like they face an uphill battle when trying to get custody of their children after a divorce. In New York, the law presumes that if a man is married to the mother at the time of the child’s birth, he is the legal father, so no paternity test is needed. However, if the father is not married to the mother at the time of birth, he may need to establish himself as the child’s legal father, either through a paternity test or a voluntary acknowledgment.

How Custody is Determined

Custody cases are determined by the New York Supreme Court and the New York Family Court, depending on whether or not divorce is involved. In some cases, parents are able to come to an agreement about custody, or they might use the help of a mediation service. However, when parents cannot agree, then the court will decide. This is where a father will benefit from the services of a divorce attorney in New York.

Are New York Fathers at a Disadvantage?

Many fathers in New York City worry that the court will favor the mother when making child custody decisions. And while that might be the perception, officially, the court is required to consider the circumstances of each parent and then make a decision based on what is in the best interest of the child.

Fathers who are able to demonstrate their willingness to cooperate with the other parent following the divorce, who can show a relationship with the child, and who can show their ability to be the child’s primary caregiver may have a more favorable outcome.

How We Can Help

Custody cases are legally and emotionally complicated for all parties involved. A father looking to get the best outcome in court needs to have a divorce attorney in New York who understands the legal and emotional impact of custody cases.

At the Levitsky Law Firm, you will find lawyers who can walk you through your custody case. They will listen to your side of the story, and they are determined to fight for what is important to you.