Rochester Fathers’ Rights Lawyer

Rochester Fathers’ Rights Attorney

A child custody dispute is likely to be one of the most difficult experiences of any parent’s life. Unfortunately, when it comes to the family court disputes that can arise between mothers and fathers, fathers have historically been disenfranchised by the family court systems of the United States. This is due to the outdated yet long-standing belief that mothers are best as primary caregivers while fathers serve their children best as breadwinners.

Compassionate Legal Counsel for Rochester, NY, Fathers’ Rights

Today, the family courts of the United States have made great strides in overcoming these outdated biases, but unfortunately, many fathers still encounter unfairness and feel disadvantaged in their family court cases. The Trotto Law Firm, PC, offers comprehensive and compassionate legal counsel to fathers fighting for custody, seeking legally established paternity, and facing a wide range of other family court issues pertaining to their parental rights. We will assess the details of your situation and help you develop the best possible strategy for reaching the outcome you desire in Rochester, NY.

Common Types of Fathers’ Rights Disputes in Rochester

A Rochester fathers’ rights attorney is a family law attorney who specializes in providing the client-focused legal counsel a father needs when they feel disenfranchised by the system. The team at Trotto Law Firm, PC, can provide comprehensive legal counsel to fathers facing a wide range of cases, including:

• Child custody disputes. Unfortunately, the longstanding misconception that mothers are automatically better parents than fathers persists in many family courts across the country. The Trotto Law Firm, PC, can help a father make a compelling case for child custody, proving they are just as capable, if not more capable, than their child’s mother to handle their needs and provide safe and attentive daily care.
• Paternity disputes. Our firm can assist fathers and alleged fathers with both sides of paternity disputes. For example, if a child’s mother falsely alleges paternity out of the pursuit of financial gain and holding the alleged father accountable for child support, a Rochester fathers’ rights attorney can help the alleged father disprove paternity with a court-ordered DNA test to prevent him from facing long-term financial responsibility for someone else’s child. Alternatively, if a mother has refused to grant an unmarried father access to his child, our team can help the father secure a court-ordered paternity test to secure his parental rights under New York state law.
• Parental relocation. Many contentious family court cases arise from parental relocation or when a custodial parent decides to move and either take their child with them or revise their custody order accordingly. If you are a father and your child’s mother plans to relocate, we can help you fight their relocation order and/or secure alternative custody rights that can allow your child to remain in your custody.

These are only a few examples of how your Rochester fathers’ rights attorney can assist you in the family court system. The Trotto Law Firm, PC, develops a client-focused legal strategy in every case our firm accepts. Once you hire our firm to represent you, you will have instant access to a dedicated legal advocate who can help you understand all the various legal mechanisms in play in your case so you can have the best chance of reaching the results you hope to see.

What to Expect From Your Rochester Fathers’ Rights Attorney

When you must hire an attorney for your impending family court case, they will help you understand the legal mechanisms in play and what to expect during your proceedings. Most fathers’ rights attorneys focus on custody disputes, helping fathers overcome bias in the family court system and secure the fair custody rights they legally deserve. However, it is important to remember that the final decision in any child custody case comes down to the judge’s determination. Therefore, when a judge must decide custody of a child, they will review:

• Each parent’s criminal history. If either parent has a criminal record that involves domestic violence of any kind, child abuse, or a felony offense, they are unlikely to award that parent much in the way of custody or visitation rights.
• The overall medical fitness of each parent. The court must assess whether a prospective custodial parent is physically, mentally, and medically able to handle their responsibilities for their children.
• Each parent’s income and work schedule. If a parent desires physical custody, they must be able to manage their child’s schedule alongside their work-related duties. Additionally, income bears heavily in child support determination.
• Existing custody and visitation orders. If a parent has custody and/or visitation rights related to children from a previous relationship, the judge must take these factors into account when deciding custody and visitation rights in the current case.
• Each parent’s willingness to compromise. Family court judges carefully evaluate the demeanor of parents in custody orders. If a parent appears to be vindictive or more focused on denying the other parent custody than they are concerned with their child’s well-being, most judges will notice this and take it into account when deciding custody.

Once a family court judge has evaluated these factors, they will rule on custody of the children in question. Your Rochester fathers’ rights attorney will help you gather any evidence or documentation you will need to make the most compelling case for custody possible. If you believe you have encountered any unfair bias from the court in any way, your attorney will know how to address these issues on your behalf.

When it comes to paternity cases, the family court upholds that a child benefits best when they have equal access to both of their parents, and both parents are required to equally contribute to their child’s financial needs. Paternity disputes arise when a child’s biological father is unknown, if an alleged father denies paternity, or if a biological father is denied custody rights for any reason. The Trotto Law Firm, PC, will carefully review the details of your impending paternity case and help you determine the best strategy for ensuring a fair and balanced outcome that suits the child’s best interests.

FAQs About Rochester, NY Fathers’ Rights Law

What Rights Do Fathers Have in New York Family Law?

The family court acknowledges fathers as being equally capable parents as mothers. It is legally possible for a father to secure physical and/or legal custody of his children, secure visitation rights, and receive child support from a noncustodial mother. Unfortunately, longstanding gender bias against fathers in the family court system has caused many modern fathers to assume they are entering child custody cases and similar legal proceedings at an inherent disadvantage.

Do Unmarried Fathers Have Rights in New York?

Under state law, an unmarried father cannot assert his parental rights until paternity has been legally established. Some paternity cases in Rochester are filed by mothers seeking accountability from their children’s biological fathers, but it is also possible for an unmarried father to sue for paternity to legally establish his parental rights. In addition, an unmarried father may sign a voluntary Acknowledgement of Paternity at the birth of his child to establish his parental rights.

Can a Mother Keep Her Child Away From the Father in New York?

If paternity has been established and the father has not lost his custody rights for any reason, it would be illegal for the mother to keep her child away from him without a court order. However, if the father is unmarried and paternity has not been legally established, the mother has de facto custody of the child, and the father can only assert his parental rights through a paternity suit. Therefore, if you believe you are the victim of unjust parental alienation, it is vital to contact a Rochester fathers’ rights attorney as soon as possible.

Does a Mother Have More Rights Than a Father in New York?

The only legal advantage a mother has in terms of child custody is the fact that her biological parentage is beyond question at the birth of the child. If the mother and father are unmarried, the father must sign an Acknowledgement of Paternity at the birth to assert his paternity. In a custody dispute between a mother and father, the court has a legal obligation to rule in favor of the child’s best interests, and the court must weigh numerous factors in making these decisions.

Can a Father Secure Sole Custody of His Children in New York?

In every child custody dispute, the court is required to rule in favor of the child’s best interests. While many fathers feel disadvantaged in custody disputes due to the misconception that mothers are better caregivers, it is entirely possible for a father to win full custody of his children if he is able to prove the mother is an unfit parent in any way. If you believe this applies to your situation, you need a Rochester fathers’ rights attorney who can provide the comprehensive support you need in this difficult case.

Contact Us Today

It is understandable for any father in Rochester to feel inherently disadvantaged in the family court when it comes to asserting his parental rights. However, the Trotto Law Firm, PC, believes in upholding the legal statute that both mothers and fathers are capable of being equally fit parents, and we have helped many fathers in past cases assert paternity and secure their parental rights. If you need legal counsel regarding your child custody case, contact us today to schedule your consultation with a trustworthy Rochester fathers’ rights attorney.