A Father’s Rights : New York Divorce

When it comes to divorces that involve children in New York, the first thought that comes to mind is, who gets custody of the kids? Divorce itself is a complicated matter with many facets: emotional turbulence, dividing property, child custody, and many other matters. Yet children are, and should be, the top concern when deciding the terms of a divorce. Traditionally, courts have awarded the mother physical custody of the child or children, and the father is awarded partial custody—mostly commonly every other weekend and shared holidays. Nowadays, more dads are fighting for their rights as fathers and want more involvement with their children’s lives.

You have the right to be involved in your child’s life

As a father, you have the right to be a part of your child’s life—in daily life and when it comes time to making important decisions. These rights are not necessarily inherent in a divorce proceeding; if you want more rights with your child, then you have to ask for them and fight for them. Don’t assume that your spouse will give you equal rights and equal time with the children; you have to make your interests known—to your spouse and to the judge. Tell your spouse how much time you would like to spend with the children, and that you want to be a part of making important decisions regarding their education and other important decisions. Many judges make their custody decisions based on a father’s previous involvement level with his kids, so make a point of the things you have done for your kids and with your kids. You have to show your interest in your children and show how you plan to be involved in their daily life.

You have the right to custody and visitation with your child

Your first line of defense in obtaining fathers’ rights to your children is a joint custody agreement. Under normal circumstances, you have a right to have custody and visitation with your child. New York generally awards joint legal custody to parents. The court will appoint one parent as the primary residual parent, meaning the child resides with that parent most of the time and has visitation with the other parent. Some visitation agreements specify that the child stays with the primary residual parent during the school week, and visits with the other parent on the weekends or every other weekend. A growing number of parents work out shared visitation during the week, so that each parent can spend time with the child during his or her daily schedules and be more involved with school and extracurricular activities. The role of the primary residual parent has been left to the mother in the past, but more fathers are fighting to become the primary residual parent. This may mean changing your lifestyle to accommodate your family obligations—decreased work hours, different work schedule, or even another career that allows you more free time and flexibility. The court will want to know exactly how you plan to have time for taking care of your child.

You have the right to be involved in making important decisions that affect your child

Whether you are the primary residual parent or not, you still have the right to be involved in making important decisions regarding your child’s future—his or her educational choices and choices in medical care and treatment. Parents with joint legal custody have the shared responsibility in making choices for their child. If there is a problem with the child’s current school, both the father and the mother have the right to decide what other educational options are available and which is best for the child. If the child is receiving medical care or counseling, a father has the right to be involved in making the decision about what is best for his child. These important decisions should be discussed and dealt with by both parents. If you cannot work things out, and you feel that you are being excluded from the decision-making process, you can file charges against your spouse for interfering with decision making.

You have the right to be more than just child support!

As the father of your children, you have the right to be more than just the breadwinner. Make it a point that you are there for your children, that you have supported them emotionally as well as financially over the years. The state of New York views you as having half the responsibility for the child, and that doesn’t mean just paying the bills. Call us today to find out how we can protect your father’s rights in a NYC divorce.