Mothers’ & Fathers’ Rights

Hire a Skilled Dutchess County Family Law Attorney

The presence of a mother and father during a child’s formative years can be crucial to their future development into independent, well-rounded individuals. If you are a mother or a father involved in a divorce or other legal battle regarding your right to see your children, the skilled Dutchess County mothers’ and fathers’ rights lawyers at the Law Office of Dennis R. Vetrano, Jr., LLC, are here to help.

From paternity disputes to adoption, child custody law can be extremely complex and requires the trained eye of a skilled attorney to navigate. Having earned a 2015 Avvo Clients’ Choice Award and numerous positive client testimonials for our unparalleled advocacy, our lawyers understand the gravity of your situation and can provide the powerful support you need during this difficult time.

What Are Mothers’ & Fathers’ Rights?

In simple terms, the phrases “mothers’ rights” and “fathers’ rights” refer to the privileges and responsibilities that parents share in supporting and raising a child. These rights remain constant regardless of marital status, though they are not absolute. A mother or father can have their rights to their children rescinded in the event that they should display harmful behaviors such as substance abuse, sexual abuse, or otherwise neglectful parenting.

Mothers and fathers have a right to pursue the following:

• Adoption
• Child custody
• Child support
• Paternity
• Visitation

While historically mothers have received preferential treatment in child custody situations, changes in the legal landscape have made it so both parents are now given equal consideration in the eyes of the law. With that being said, it is not uncommon for a parent to be alienated from their children by the other parent following a divorce or separation. If you are a parent who has been unfairly treated following a previous divorce agreement, our team of Dutchess County family attorneys may be able to seek a modification to your divorce settlement and protect your rights in a court of law.

What Is a “Prima Facie” Right?

Parents involved in custody battles may sometimes refuse to allow the other parent to see or interact with the child, claiming that they had a “prima facie” right to the child’s custody simply because they had custody prior to the divorce. This can sometimes be considered “detaining the child” and can require a special court order to be resolved. If the other parent of your child is preventing you from interacting with your child, our firm can help you obtain a writ of habeas corpus from the New York Supreme Court in accordance with NYS DRL Section 70(a).

In simple terms, the court will summon you, your spouse, and your child to court and determine a new custody arrangement that aligns with the child’s best interests. Neither parent can claim to have a prima facie right to custody in these types of cases, with the courts issuing a decision based on what it thinks will best resolve the issue.

Choose a Top-Rated Legal Team for Your Family

At the Law Office of Dennis R. Vetrano, Jr., LLC, our knowledgeable Dutchess County family lawyers understand how important your children are to you and are prepared to make every effort to protect your right to maintain an active presence in their lives. With more than 65 collective years of dedicated legal experience, we know the legal system inside-out and can maximize your chances of securing a favorable outcome for your situation. Nobody should have to face a custody battle on their own. Let us put our vast knowledge and skills to work for you so you can achieve much needed peace of mind during this difficult time.