Due to the Coronavirus pandemic, many people across the state of New York are living in times of great uncertainty. This is due to the fact that stay-at-home orders were issued, calling all residents to self isolate for the foreseeable future. As a result of this, there are many families, especially those of divorce, having a hard time adjusting to this new normal. This is especially so when they share custody of their children. When trying to decide what is the right thing to do during these trying times, it is important to remember the rights that each parent has. Continue reading to learn more and retain the services of an experienced New York family law attorney if you need help protecting these rights.
What are Father’s Rights?
After a divorce takes place, a child’s father has certain rights and responsibilities throughout the upbringing of that child. This includes the following:
- The right to custody. This includes physical custody, legal custody, or both. Physical custody determines the parent the child lives and spends the most of their time with. Legal custody allows a parent to have influence over important decisions that are made in the child’s life.
- The right to visitation. Even if a father only has legal custody of their child, they can still have visitation rights. There are different ways that two parents can set up a parenting plan that allows them both to see their child.
- The right to support. New York requires both parents to financially support their child until it is deemed unnecessary by the state. This is done through mandatory child support payments that are made from the non-custodial parent to the custodial parent.
Are these Rights Valid During Coronavirus Times?
Even though the Coronavirus has caused us to be living in unprecedented times, the rights that a father has to their child does not change. It is understandable that a parent may wish to change how they handle their everyday life, such as custody or visitation agreements, to ensure the safety of their child. However, changes cannot be made without the permission of the father or the court. This means that if a parent does not want their child to stay with or visit their father due to exposure, they are required to come to an agreement with the father or request a modification with the court. Unless this is granted, the father continues to have the same rights to their child during the designated custody and visitation periods.
It is important to be aware that these laws apply to child support payments as well. Federal law still requires child support agencies to report any past-due payments. While parents may be going through difficult financial times right now, they are still required to make child support payments. If they are struggling to do so, it is possible to request a modification of the amount or the frequency of the payments with the court so that it can better suit their current financial situation.
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Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.