Unmarried fathers in Herkimer County often feel as though they are at a disadvantage when it comes to issues regarding their child, such as the right to have custody of their child, spend time with their child, or make important decisions that are pertinent to their child’s life. They may also feel as though the court system is weighted against them, automatically favoring the child’s other parent by virtue of their gender alone.
At The Colwell Law Group, LLC, our attorneys understand fathers’ sentiments and frustrations. We acknowledge that being an unmarried father seeking rights regarding your child can be tough, but know that with proper legal representation, you can even the playing field.
Fathers in Herkimer County (and throughout the rest of the state of New York) have the exact same rights as do mothers in regards to custody of a child, visitation with a child, legal decision-making power, and child support payments. In fact, a court must consider the best interests of the child when making a custody decision; the factors that are considered when determining the child’s best interests do not include parents’ genders. (As a note, a father must establish paternity before he has any legal rights as a parent).
What the court does consider, however, are things such as the relationship that each parent maintains with a child, how much time each parent has available to care for a child, each parent’s financial circumstances, any history of abuse, who has acted as the primary caregiver for the child up to the point of separation, and more.
If you are seeking custody of or visitation with your child and want to improve the chances of your pursuit being successful, it is very important that you work with a skilled fathers’ rights attorney who knows what the court is looking for, and how you can present evidence to the court that your child maintaining a relationship with you is within the child’s best interests. Maternal preference is an outdated legal concept that no longer has legal weight in today’s court systems; however, that does not mean that you will not have to work hard to prove to the judge that they should rule in your favor.
Separating from a spouse is hard; the idea of losing the right to spend time with your child is even harder. If the custody of your child is on the line, or if you have other questions regarding visitation, your right to participate in making decisions about your child’s life, or questions regarding things like child support or relocation, our lawyers can help. We want you to know that we understand what you’ve been going through, and are committed to providing you with the legal representation that you deserve. We can represent you when mediating a parenting plan or other family law issue, or litigate on your behalf if necessary.
To schedule an initial consultation with our Herkimer County fathers’ rights lawyers today, feel free to call us directly, or text or send us an email at your convenience. Consultations are available at a time that works for you.
Colwell Law
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(518) 462-4242