New York Fathers' Rights Attorney

There was a time when fathers, after a divorce, could not participate actively in their child’s life, due to limited child custody and visitation rights. Fortunately, in today’s day and age, there is more awareness regarding the importance of a father’s presence/role in the life of their child. Non-custodial fathers want to be more informed about how to best participate in their child’s care and welfare. This new awareness and informed outlook regarding how a father can be an active part of their child’s life comes under the emerging area of father’s rights.

Fathers Rights: A Historical Perspective

Looking at history and social norms, a child has in the past, been primarily entrusted in the care of their mother with the notion that it is in the child’s “best interests.” Traditionally speaking, the woman was considered the “homemaker” and the father “the breadwinner.” Times have changed and so have roles and expectations for both mothers and fathers. And yet, in contentious custody situations, statistics have shown the courts to be more sympathetic towards mothers, even if less capable. Fathers are instead assigned the financial responsibilities of the custody settlement, paying child support and other child-related expenses, without much actual time with their child. This has created a situation in which fathers have a reduced if not marginal role in their child’s daily life. Non-custodial fathers have had to build their relationship on court-determined visitations that are often once a week or in some cases even once a year. With father’s rights gaining more prominence, it is heartening to see that changes are slowly happening. Even though mothers are still more prone to being awarded custody of a child in a divorce or paternity case, more and more fathers are being awarded joint custody, validating the importance of father’s rights.

A Father Has Rights

A father has the right to be a part of their child’s life, in every possible way. Fathers have the right to seek and have custody of their child. A father who is a custodial parent has the right to ask for child support as well. If custody is not awarded, a father has a right to be involved in their child’s life, without undue interference from the custodial parent. A father has the right to foster an ongoing, active relationship with their child, with their best interests in mind.

Why Fathers Are Important

The National Fatherhood Initiative estimates that 24 million children live absent from their biological fathers. Of these households, forty percent have not seen their fathers in at least one year. Of all absent fathers, 26 percent live in a different state than their children. 50 percent of children living without a father have never even been inside their father’s home. The 60 percent of children who do see their absent father, see them on an average of 69 days a year. A survey of over 20,000 parents conducted by the National Center of Education Statistics found that fathers who were involved in their children’s education, including attending school meetings and volunteering at school, had children who were more likely to get better grades, stay in school, participate in extracurricular activities, and stay out of trouble.

Source: The Population Resource Center.

Find out how the Law Offices of Elliot S. Schlissel can help protect your rights and the best interests of your child. Please call toll free, any time, at 1-800-344-6431 or contact us at 718-350-2802. You can also reach us in Nassau County at 516-561-6645. We welcome your inquires.