{"id":3114,"date":"2023-09-19T00:49:06","date_gmt":"2023-09-19T00:49:06","guid":{"rendered":"https:\/\/bpfamilylaw.com\/?page_id=3114"},"modified":"2024-02-28T01:42:20","modified_gmt":"2024-02-28T01:42:20","slug":"fathers-rights","status":"publish","type":"page","link":"https:\/\/bpfamilylaw.com\/practice-areas\/fathers-rights\/","title":{"rendered":"Fathers’ Rights"},"content":{"rendered":"\n

As a Father, You DO Have Rights\u2026<\/h2><\/div>\n\n\n\n

Unfortunately, with divorce or any other relationship breakup, fathers\u2019 rights is a topic often questioned and misunderstood. The short answer though (and good for fathers), is that fathers have the same legal rights as mothers, as the Courts are tasked with focusing primarily on the child\u2019s or children\u2019s best interest. <\/p><\/div>\n\n\n\n

However, often times old traditions and prejudices can make it feel like fathers are at a disadvantage, which is why the decision that you make as to who should represent your legal interests becomes all the more important. We have secured countless fathers with either equal or full custody due to our unique strategic approach to these matters, so call our office today for a free consultation to see how we can help you.<\/p><\/div>\n\n\n\n

Paternity<\/h3><\/div>\n\n\n\n

While we represent mothers, fathers, and all family members in various family matters, at Picarello & Saciolo, P.C., we are also strong advocates for fathers\u2019 rights and strive to help fathers facing legal issues related to paternity. With our extensive experience in this field, we not only guide you, but can help you gain the outcome you desire and rightfully deserve in your paternity matters. These issues can be quite complex and a qualified attorney with the profound experience that we possess can greatly affect the outcome of your case.<\/p><\/div>\n\n\n\n

In New York State, paternity may be established between unmarried parents by an Acknowledgment of Paternity, which the father would sign at the hospital when the child is born, or by an Order of Filiation, which is a court order declaring a man to be a child\u2019s legal father. When a child is born to a married woman, her husband is then considered to be the child\u2019s legal father unless the court decides otherwise following a complicated legal doctrine known as estoppel. Paternity is a very serious issue when fathers\u2019 rights are concerned; therefore, it\u2019s highly recommended, or even imperative, that the father is represented in the best possible way if an issue were to arise – whether it\u2019s fighting to prove he is the father or fighting to prove he is not. This can also be a very emotional time and not something you should go through alone.<\/p><\/div>\n\n\n\n

What if the \u201cfather\u201d hasn\u2019t signed an Acknowledgement of Paternity?<\/h4><\/div>\n\n\n\n

If a man and a woman who are not married have a child together, but the man does not sign an Acknowledgement of Paternity and\/or an Order of Filiation has not been entered by the court, the man does not have any responsibility for that child, including child support, and also has no rights for custody or visitation.<\/p><\/div>\n\n\n\n

How can we establish paternity?<\/h4><\/div>\n\n\n\n

In NYS, paternity may be established by filing a Paternity Petition, filed in Family Court and served upon the respondent. A man who believes he is the father of the child may file the Paternity Petition and so may the child\u2019s mother, the child, or even the child\u2019s guardian. After the petition is filed, a series of hearings may occur to determine paternity. Private DNA tests are NOT evidence in these hearings, rather, the Court must order such a test to be performed by a lab utilized by the Court system. However, If both the mother and father admits paternity, additional hearings and DNA tests will likely no longer be necessary and an Order of Filiation can be entered. Again, we understand this can be a very difficult, confusing, emotional and often overwhelming time so retaining an experienced attorney can change the entire outcome of not only your case, but your life and the life of the child. <\/p><\/div>\n\n\n\n

Fathers have rights just as much today as mothers do so it\u2019s extremely important, even vital, for you to understand your rights. In addition to establishing paternity, there may be several more issues down the road that you need to understand. Luckily for fathers, there\u2019s more rights than ever today as our world and society evolves and children are put first. Fathers\u2019 rights can include a father\u2019s right to parenting time with his children, the right to time off from work to raise the child, the right to be consulted before adoption and many others. \u201cCo-parenting\u201d and visitation are other common matters and we, at the office of Picarello & Saciolo, PLLC. are highly educated and skilled in all of these areas. Call us today for a complimentary, 30 minute consultation to discuss your particular situation. Call now at 631-392-4949 or contact us<\/a> by email.<\/p><\/div>\n\n\n\n