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.
Call today to schedule a consultation to explore your rights.
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 A mother or father can have their rights to their children rescinded in the event that they should display harmful behaviors such as substance abuse, sexual abuse, or otherwise neglectful parenting.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.
Contact our firm online today for personalized legal guidance.
CLIENT TESTIMONIALS
READ WHAT PAST CLIENTS HAD TO SAY
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"Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period"Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period. Choosing the best attorney can take away some of the fear and anxiety Dennis and his absolutely amazing team have held my hand and calmed my nerves on more than one occasion Stacey is always on the other end of the phone to reassure me that it is a process and it will be ok.I have found such comfort in Dennis his knowledge and strong confidence that he and his team have it all under control allows me to focus on myself and my children while they handle my case. I highly recommend this firm!- Jennifer Garofolo
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"I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband."
I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband. Everything went so smooth with her amazing expertise and professionalism. In the court, she took charge right away and everything was just so well. I was so relieved! The outcome of the case was perfect and the case settled without any issues. I had no chance to stress! Finally, the office staff was so friendly and the communication, which was mostly through e-mail, was perfect. I am looking forward to working with Kristen with the next steps of getting a divorce. God answered my prayer when I asked for a great attorney :) I was so nervous but thankfully everything went so well!!!
- Rosa Gonzalez -
"Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms."
Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms. Both Kristen and Erika were prompt in all communications and kept me informed throughout.
- Rebecca T. -
"Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney."
Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney. And much thanks to the paralegal team as well. Their combined experience provided prompt support whenever I had any questions and helped talk me through my situation and to provide clarity. I can’t thank Kristen and her team enough for the all hard work and kindness through the process.
- T. Curtis-Verderosa -
"Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law."
Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law. She has a good common-sense approach as well. It was a delight to work with her considering the circumstances and nuances of my case and the law.
- A.P. -
"I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear."
I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear. I highly recommend! Couldn’t have been handled better. Thank you.
- Claudia Franciosa -
"The guidance and knowledge they provided was immeasurable."I am so grateful for the wonderful team that assisted me through one of the most difficult times of my life. The guidance and knowledge they provided was immeasurable.- Jessica Conklin
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"I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process."I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process. And all in the midst of a pandemic that made everything more complicated. Kristen and her team’s legal advice was consistently spot on, the office’s communication was regular and helpful, and their billing was fair and understandable. You won’t be disappointed in them!- A.B.