When a child’s parents are no longer together, conflicts may arise over custody arrangements, parenting time, and child support obligations. To ensure you protect your family and your interests in the best way possible, you need to fully understand your parental rights and obligations in Saratoga Springs.
A knowledgeable local family attorney may meet with you to explain how child custody arrangements and child support obligations work. Our dedicated legal team may work hard to protect your interests and your family.
When a baby is born, there may be questions about parental rights, depending on the parents’ marital status. A baby’s birth mother automatically has parental rights over the child. If the baby’s parents were married at the time of the baby’s conception and birth, the law presumes the mother’s husband to be the baby’s father. If the parents were not married, the Saratoga Springs father needs to establish paternity to gain rights and meet responsibilities as a parent.
When both parents agree and are willing to accept their rights and duties towards the child, they may sign a voluntary Acknowledgement of Parentage form. A Court does not need to issue a separate Order when the parents sign a voluntary acknowledgement.
If there is a dispute over paternity, a mother or a man who believes himself to be the biological father may file a petition in Court to establish paternity. Typically, the Court orders a DNA test to determine if the purported father is the actual biological father. If the DNA testing identifies the man as the biological father, the Court issues an Order of Filiation, which gives the biological father the same rights and obligations as the mother.
A seasoned local attorney may be able to help guide you through the legal process of establishing your parental rights.
Once paternity has been established, both parents have responsibilities towards their child/ren.
Both parents have a duty to support their child/ren financially. In most instances, child support obligations continue until a child is 21 years old. In determining child support payment obligations, the Court looks at both parents’ incomes and the custody arrangements.
If you believe your child/ren are entitled to more child support or other parental obligations, a dedicated Saratoga Springs lawyer may be able to help you claim your rights.
Most parents have a right to some type of custody of their child/ren. The Court may make separate determinations regarding physical and legal custody.
Physical custody allows a parent to spend time with their child/ren. Some parents share physical custody equally, and the child/ren spend half their time at each parent’s home. Other parents split physical custody differently, with the child/ren spending most of their time at one parent’s home, while the other parent retains visitation rights. If possible, the parents may negotiate a visitation schedule between themselves that works best for their families. If the parents cannot agree on visitation and physical custody, the Court will decide based on what is in the best interests of the child/ren.
Legal custody allows each parent to have a say in important matters in their child/ren’s lives. Most families share legal custody and need to work together before making important decisions that affect their child/ren, such as choosing which doctor their child/ren see, where their child/ren go to school, and whether their child/ren go to church.
If your family is having a dispute over issues involving custody, visitation, or other parental obligations and rights, a seasoned Saratoga Springs lawyer may be able to assist you.
As a parent, you have many parental rights and obligations in Saratoga Springs. Our attorneys may be able to work with you to ensure you receive the full benefit of those rights, and we may be able to help you enforce the obligations of your child/ren’s coparent concerning child support.
Call our knowledgeable legal team today to discuss your situation in a consultation.
Colwell Law
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(518) 462-4242
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