Father's Rights

Long Island Father’s Rights Attorney

When going through the heartache of a divorce, some people believe the father’s rights are secondary to those of the mother. But a father’s love and concern for his children and for their well-being can be every bit as strong and as important to the raising of the children as are the mother’s. What legal standing does a father have in a divorce situation? The answer to that, of course, varies based on your location and your individual situation.

Factors that can affect your rights include the following:

  • Were you married to the child’s mother when she became pregnant?

  • If there is any question about it, can you prove that you are the child’s father? (This is likely to involve taking a paternity test.)

  • Were you involved in your children’s lives in an ongoing, positive way prior to your separation/divorce?

  • Has there been a history of abuse in the home—including physical abuse, alcohol abuse, or drug abuse?

These factors and others can affect your rights either positively or negatively.

The defense and promoting of fathers’ rights has even resulted in the fathers’ rights movement. They promote various positions, such as

If you’re going through a divorce, what rights should you be aware of and work to protect?

  • Adoption: You may have rights that prevent your former spouse from putting your child up for adoption.

  • Custody: You may have the right to pursue joint custody.

  • Financial support: You have the right and the obligation to provide ongoing financial support for your children in most divorce situations.

  • Paternity: You have the right (or may be required) to prove that you are the biological father of any children involved in a divorce. However, in most situations if you were married to the child(ren)’s mother when she became pregnant, you are assumed to be the father and a paternity test may not be required.

  • Visitation: In most situations you have the right to spend time with your children even after the divorce becomes final.

Of course, no short article on a website can provide legal advice or answer all the questions you may have based on your specific situation. For those kinds of details, contact Divins & Divins, PCAttorneys at Law, in person. We provide free initial consultation and also the kind of advice, compassion, and professionalism you need.

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Garden City, NY 11530, Suite 337

Tel: 516-228-5050/ Fax: 516-228-8160

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