What You Need to Know About Fathers Rights and Family Law

While practicing family law, we work with a lot of fathers that want to see their children but are unable to do so because of the mother.  It is important to note that just because the mother doesn’t want you in the child’s life, doesn’t mean that she has the right to make that decision.  The courts tend to believe that it is in the child’s best interest to know both parents and it is our job to build a case that demonstrates just that.

If you and the child’s mother were married, the case is easier because a judge will determine custody during the divorce proceedings.  It is presumed that you are the father if the child was conceived during the marriage, and we can fight to ensure that you can see your child (children) as much as possible.  If, however, you were not married when the child was conceived, you will have to prove that you are the father.  This is called establishing paternity, and it is done either by a DNA test or both parties agreeing and signing an acknowledgment of paternity that is then filed with a local agency or the court.  

When a mother denies that you are the father, but you believe that you are, we must petition the court to have a DNA test conducted.  Family law gives you the right to know if a child is yours and this is the best way to prove it.  If the DNA test comes back positive, we can move to the next step and petition for custody or visitation. 

There are several ways to get custody or visitation.  The easiest one is to negotiate with the mother.  As a family law attorney, we can help with this process, and if an agreement can be reached, a parenting plan can be drafted for both parties to sign.  A parenting plan is a detailed agreement that lists out where a child will be every day.  For example, who will they be with on the weekends, during school, on breaks, birthdays, etc.  A parenting plan is incredibly detailed, and when done correctly, there is no room for a gray area. This is an important tool for preventing conflict later on as a good parenting plan cannot be misinterpreted. 

If the mother does not want to negotiate or give you visitation, you will be forced to go to court.  We can petition the court to give your rights as a father.  Before doing so we will work with you to draft a parenting plan the way that you would like to see it while also gathering witnesses and evidence that demonstrate you are a responsible and upstanding citizen that would be an equally responsible father.  Things like showing that you are employed with a stable living environment will help the judge to believe the child will be safe and cared for.  Demonstrating close family support can also be helpful.  As a child custody attorney, we can walk you through the various pieces of evidence that can make your case stronger.

If you need help protecting your rights as a father, give us a call. 

Adoption Proceedings and New York Family Law

If you are considering adoption, family law is a big part of that process.  This is a legal transaction and while the focus is on your new child, the documents need to be prepared correctly to protect both you and your child in the future.  Before you start the adoption process you should identify a family attorney that can be trusted to handle your case. 

According to the Child Welfare Information Gateway, approximately 135,000 children are adopted in the United States ever year.  This includes private adoptions, adoptions out of foster care, out of country adoptions, and more.  The majority of adoptions are private adoptions through attorneys, by step-parents, or agencies within the U.S.  This accounts for approximately 46 percent.  Another 41 percent come from the foster system, with only 13 percent being foreign adoptions.  Regardless of where a child is adopted from, the legal agreements need to be completed correctly.

On a state by state comparison, New York has a high number of adoptions every year.  In 2008, there were 8,524 adoptions in New York compared with 1,991 in Oregon.  Some of this could be related to adult population size but in general New Yorkers have been adopting a large number of children every year.  If you are looking to join the thousands of New Yorkers who have adopted a child it will require an expert at family law to ensure that the process goes smoothly.

When adopting a child there are several ways that the process can be completed legally.  It is important to know your options and consider each one carefully before making a decision.  An open adoption allows for the birth parents and adoptive parents to know about each other and communicate openly.  This allows for the birth parents to remain in the child’s life to a certain capacity after the adoption is complete.  In a closed adoption, the birth and adoptive parents do not know each other and there is no communication between the child and the birth parents.  Both types of adoptions have pros and cons.  In an open adoption, the new parents benefit from understanding things like family medical history but it also opens the door for future confusion of the child, depending on the depth of communication that remains ongoing.  A closed adoption means that the adoptive parents have the right to tell or hide the fact that the child was adopted in the first place, but if the child wants to learn about their birth parents they don’t have the ability to do so legally. 

Family law in New York is set up to include provisions in the adoption process that must be followed.  This is aimed at ensuring the protection and safety of the child and includes:

• Working with an agency.  A family must be agency certified as an adoptive family in order to initiate the process.  You must also attend an orientation.
• Complete an application with medical history.  There will be a state, and federal background check completed looking for any criminal history along with a check by the Statewide Central Register of Child Abuse and Maltreatment.
• Home study.  New York has included a home study process as part of their family law guidelines, and this must be completed prior to the adoption taking place. 
• Training.  There are training courses provided by adoption agencies that must be completed. 
• Work with a caseworker.  An adoption caseworker will help to identify a child that can be placed in your home and facilitate their visit prior to adoption. 
• Go through the court.  Once a child is living in your home, there is still around three months that will pass before the adoption is legal. During this time, there are several resources that are available to assist financially.  A New York attorney that is experienced in family law will petition the court for the adoption to be complete, and a hearing will be held to certify it. 

The Law Office of Paul R. Berko specializes in New York adoption cases.  You can reach us for a consultation by calling, (516) 746-4211.