When you aren't married, it can make obtaining custody much harder if you are the father of a child. Why? It's because the mother is the only guaranteed parent.
The moment you decide to divorce is the moment you should turn your attention to the property division process. While you know you won't get to keep every asset, you should fight for what's yours.
If you are getting divorced, chances are you have already been through your fair share of yelling, fighting and exchanges of nasty, hurtful words with your ex. However, when the time comes to actually end your marriage, you might feel like you have no voice in the process.
The state of New York has specific laws related to drafting prenuptial agreements. In particular, the Domestic Relations Law requires that soon-to-be spouses go before an authorized person, usually a notary, and acknowledge the terms of the prenup. That acknowledgement must be oral and written for the agreement to be valid. Also, a New York statute requires that the notary confirm the identities of the parties involved.
Child custody decisions involving the question of fathers' rights are some of the most controversial to make headlines, given that family law courts have in most cases sided with the mother. But the child custody dispute recently heard by the U.S. Supreme Court is especially complicated because it involves an adoptive family, a mother who approved the adoption and a Cherokee Indian father who wants to use the Indian Child Welfare Act to assert his parental rights.
Immigrants throughout New York have to confront child custody issues relating to the Hague Convention on the Civil Aspects of International Child Abduction. What usually happens is that one parent will take a child either out of or into the United States, and the parent who is left behind will petition to have the kids returned to their "habitual" residence. Like other child custody disputes, these cases are not simple and require legal guidance to achieve the best outcome.
The law in the United States is a changing system, and family law is no exception. Matters of child custody, child support and divorce all have to be weighed on a case-by-case basis, and sometimes the highest courts have to rule on family law disputes, effectively setting precedents that could affect untold numbers of cases in the future.
Often in a divorce situation involving children, fathers seem to get left out in the cold. While they may be asked to pay child support, their relationship with their children is often ignored. Yet, when considering what is in the best interests of the child, a father's custody rights are an important part of the equation. To preserve their relationship with their child, many fathers must fight for their rights. Yet, even when granted shared or primary custody, as one New York case shows, a father sometimes must continue fighting.
Whether a person is a biological parent or not, there are ways to make sure that the rights of the parent are protected. In some cases, a father's custody rights may come into question, especially if he is a stepfather or not the biological father, as seen in a recent example. New Yorkers may be interested in a report about a local executive who is fighting for custody of his deceased girlfriend's 6-month-old boy. According to a release citing court documents on Jan. 18, the child was taken into state custody after the woman, 40, committed suicide on New Year's Day. The man apparently lived with the mother and the child at his apartment for more than two years.
Family courts in New York now have the ability to assign custody to parents who previously were barred by criminal court orders if those orders allow for future changes. The decision came at the end of 2012 and opened the door for parents who had improved their circumstances to obtain child custody when doing so is in the best interests of the child involved. This decision gives hope to certain parents who have lost their rights due to criminal charges.