Historically, courts often presumed that mothers would receive custody of children, while fathers were typically granted visitation and ordered to pay child support. However, in recent decades, the legal landscape has evolved. Despite these changes, many fathers still feel that mothers hold more control in custody decisions, and that their rights may take a backseat. In New York, fathers have the same legal rights as mothers when it comes to the care and upbringing of their children, especially in matters related to child custody, visitation, and child support. For fathers navigating custody, visitation, or child support issues, it's important to understand that having a legal advocate can make a significant difference in the outcome. An experienced Queens father's rights lawyer can help ensure that your parental rights are fully protected and that you receive a fair hearing in court. Whether you are dealing with a contentious custody battle or need guidance on modifying a support order, consulting a skilled attorney is crucial to protecting your interests and the well-being of your children.
Establishing Paternity in New YorkPaternity is the legal recognition of a man as the father of a child, which has significant implications for custody, visitation, and child support rights and responsibilities. In New York, there are different ways to establish paternity depending on the parents’ marital status:
1. Presumption of Paternity in Marriage: Under New York DRL § 24, when a child is born to a married woman, her husband is automatically presumed to be the legal father of the child. This presumption of paternity can only be challenged in court with substantial evidence, such as genetic testing, proving the husband is not the biological father. This rule applies regardless of whether the husband is the biological father, providing automatic rights and obligations. For example, in DeB. v. DeB, 7 A.D.3d 561 (N.Y. App. Div. 2004), a husband sought to challenge the presumption of paternity in a divorce proceeding, requesting DNA testing to determine if he was the biological father of a child born during the marriage. The court denied his request, applying the doctrine of estoppel. The presumption of paternity assumes that a child born during a marriage is the husband's biological child. Since the husband had accepted the child as his own throughout the marriage, the court ruled it was not in the child’s best interest to allow him to deny paternity, despite doubts about biological parentage. Note that if the parties agree that the husband is not the biological father, a paternity petition can still be filed to dispute the presumption and establish the biological father's rights.
2. Acknowledgment of Paternity: In New York, when unmarried parents wish to voluntarily establish paternity, they may do so by completing the Acknowledgment of Paternity (AOP) form, formally known as Form LDSS-4418. This form can be signed at the hospital immediately after the child’s birth or later at a local Department of Social Services or Child Support Services office. The form is governed by New York Public Health Law § 4135-b, which outlines the process for establishing paternity through acknowledgment and the legal consequences that follow. By signing this form, both parents agree that the man is the legal father, granting him rights and responsibilities, including custody, visitation, and child support obligations.
The AOP creates a binding legal relationship between the father and child and carries the same legal weight as a court order of filiation. It is important to note that once the AOP is signed, either parent has 60 days to rescind the form. After that period, the acknowledgment can only be challenged in court on grounds of fraud, duress, or material mistake of fact, as stipulated by Family Court Act § 516-a. For example, in Oscar X.F. v. Ileana R.H., 107 A.D.3d 795 (N.Y. App. Div. 2013), the petitioner sought to vacate an acknowledgment of paternity after learning he was not the child's biological father. He had signed the acknowledgment believing he was the father, unaware that the mother had another sexual partner during the relevant time. A DNA test later confirmed he was not the father. The Family Court, Queens County, dismissed the petition, but on appeal, the court reversed the decision. The case was sent back to Family Court to determine whether vacating the acknowledgment would be in the child’s best interest, considering the material mistake of fact.
Unmarried fathers should consult an experienced Queens father's rights lawyer before signing the AOP to fully understand the legal ramifications, including their rights and responsibilities, and to ensure that their parental rights are protected.
3. Paternity Petition: If paternity is in dispute or unclear, either parent or the state may file a paternity petition with the Queens Family Court at 151-20 Jamaica Ave, Jamaica, NY 11432. In such cases, the court may order genetic testing to determine if the man is the biological father. Under New York Family Court Act Article 5, the court will then hold a hearing and officially establish paternity if the test results confirm the biological relationship.
Once paternity is legally established, the father can seek custody or visitation and is required to contribute to the child's financial support. Fathers who need guidance on establishing paternity, whether through acknowledgment or court proceedings, should consult an experienced Queens father’s rights lawyer to ensure their legal rights are protected and understood.
Custody and Visitation RightsFathers have an equal right to seek custody of their children. New York courts, including the Queens Family Court, base custody decisions on what is in the best interests of the child. Joint custody, where both parents share decision-making, is often encouraged when both parents are willing and able to cooperate. In cases where joint custody is not feasible, sole custody may be granted to one parent, with the other parent receiving visitation rights.
Visitation is a key issue for many fathers, especially when the child’s mother refuses to allow access. If a father is being denied visitation, he can file a petition for visitation in Queens Family Court. Under DRL § 240, the court presumes that regular contact with both parents is in the best interests of the child unless there is evidence of abuse or neglect. The court may establish a visitation schedule that ensures a father has access to their child, and an experienced father’s rights attorney in Queens can assist with this process.
In the case of Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), the New York Court of Appeals set the standard for determining relocation and its effect on custody and visitation. The court held that in deciding whether to allow a parent to relocate, it must consider the impact on the non-custodial parent’s visitation and whether it is in the child’s best interests. If a mother relocates without court approval, a father can petition the court to modify the visitation arrangement to reflect the new circumstances.
Child SupportWhen paternity is established, fathers are legally required to contribute to their child’s upbringing through financial support. In New York, child support is calculated under the Child Support Standards Act (CSSA), which sets a percentage of a parent's income based on the number of children. For one child, the standard is 17% of the parent’s income. Child support is generally payable until the child turns 21 or becomes emancipated.
Failure to make child support payments can lead to enforcement actions, such as wage garnishment, property liens, or even contempt of court under Family Court Act § 454. In serious cases, nonpayment may result in incarceration. It is crucial to comply with court-ordered support obligations to avoid these consequences.
However, life circumstances can change, and a parent may need to request a modification of the child support order. For example, a parent who loses a job or experiences a significant decrease in income may petition the court for a reduction in support payments under DRL § 236. Importantly, a parent cannot stop or reduce payments on their own without court approval, as doing so could result in enforcement actions.
To modify a child support order, courts require both parents to provide complete financial disclosure. This information is necessary to assess whether a significant change in circumstances justifies modifying the order. Without full financial documentation, the court cannot accurately evaluate a parent’s ability to meet support obligations.
Consulting a Queens Father’s Rights LawyerNavigating the complexities of family law issues, such as paternity, custody, and child support, requires experienced legal guidance. A father’s rights lawyer can help fathers in Queens understand their rights and responsibilities and advocate on their behalf in court. Whether a father is seeking to establish paternity, obtain custody, modify a support order, or enforce visitation rights, consulting an experienced father’s rights attorney serving Queens is essential to protecting your interests and ensuring the well-being of your child. At Stephen Bilkis & Associates, we understand the importance of fathers having a meaningful relationship with their children. Our experienced team is dedicated to protecting the rights of fathers and advocating for their best interests. Contact us today at 800.696.9529 to schedule a free, no-obligation consultation to discuss your father’s rights case.