As a father in New York, you have the same rights that a mother has to child custody. Paternity must be established to begin most child custody cases, and there can be different ways to do so. It often requires the skill set of an attorney experienced in New York fathers’ rights laws to navigate your options as a father.
Hire a Fathers’ Rights Lawyer
Paternity can be difficult to establish when a couple is not married, or there is a question of who a child’s father may be. You may need to hire a Rochester, NY, fathers’ rights lawyer from Trotto Law Firm, P.C., to exercise your right to participate in your child’s life.
Establishing Paternity
Paternity is defined as the father’s legal status of being the father of the child. This gives the father the right to legal and physical custody, visitation, and parental responsibilities of the child.
Determining paternity is the first component of establishing a father’s rights under New York State law. If paternity is not confirmed, the father loses the ability to bond with the child and shape their upbringing. There are three main ways to establish paternity:
Paternity by Marriage
Under New York State law, if a child is born to a married couple, it is assumed that the husband is the father of the child. This is also known as legal presumption, and it gives the father automatic legal rights to, and the responsibilities associated with, the child. If the parents were not married at the time of birth, then legal presumption does not apply, and paternity must be established, either by voluntary acknowledgment or petition.
Voluntary Acknowledgement of Paternity
A voluntary acknowledgment can confirm paternity when the parents agree on who the paternal father is. This form must be signed by the two parents and witnessed by two unrelated parties. This form states that the one who signed the form is indeed the paternal father of the child. This is most commonly done at the hospital at the time of the child’s birth.
Paternity Petition
In cases where the parents cannot agree on who the paternal father is, a paternity petition can be filed to establish paternity. This form can be filed with the New York family court system by either the mother or the presumed father. Note that this form could also be filed by the child’s guardian or social services. During 2025, New York family courts heard 15,058 paternity cases.
A paternity petition can be filed at any time, from when the mother becomes pregnant to the child turning 21. Once the petition has been filed, the court could order the mother, presumed father, and the child to submit to a genetic test. Once the paternal father is identified, he can be added to the child’s birth certificate.
Types of Custody in New York
Establishing paternity allows the father to petition for custody or visitation with their children. Custody can be awarded by the courts in several ways. The different types of custody include:
- Legal custody allows the parent to make important decisions about the care and lifestyle of the child. The legal guardian can make decisions such as which school or church the child attends, which extracurricular activities they are enrolled in, and when medical care is necessary.
- Physical custody describes which parent the child primarily lives with. The custodial guardian can make decisions about the child’s day-to-day activities and living arrangements.
Both legal and physical custody could be granted to only one parent or jointly to both parents. The court could also award joint physical custody but sole legal custody, or vice versa. How custody is awarded affects how decisions are made for the child. For instance:
- Sole custody gives one parent the legal authority to make decisions for the child without input from the other parent.
- Joint custody gives both parents equal authority to make decisions, so both parents get a say in how decisions are made.
In situations where one parent was granted sole physical custody, the non-custodial parent is often awarded parenting time or visitation rights with the child, except in situations where the non-custodial parent is determined to be a danger to the child.
Parenting time can be scheduled in various ways and modified as needed to make sure both parents can build a relationship with their child.
Best Interest of the Child in a Father’s Rights Case
Fathers have the same rights that a mother does under New York family law, but establishing paternity is a significant factor in the father being eligible for child support, visitation, and custody.
It is important to remember that a judge should ultimately rule in favor of what is in the best interest of the child. A father and a mother have an equal opportunity to demonstrate their ability to meet the child’s needs. Judges consider factors such as:
- The child’s preferences
- The child’s relationship with both parents
- Each parent’s ability to provide a safe and stable home environment
- Childcare arrangements
- Any established relationships with other relatives
- The mental, emotional, and physical health of both parents
- How willing each parent is to foster a good relationship between the child and the other parent
- If there is a history of domestic violence or abuse
- Any history of drug or alcohol abuse
The courts prefer parents to create a custody agreement themselves. Ideally, it should work for their unique circumstances and be in the best interest of the child. If a plan is not established, the judge may order mediation to help the parents draft a plan.
If an agreement is not possible, the court can also:
- Order social service visits.
- Authorize an evaluation of the child’s mental and emotional well-being.
- Provide an attorney to the child, who will be responsible for ensuring the child’s interests.
Whether it involves establishing legal and physical custody, visitation rights, or child support, an experienced New York fathers’ rights attorney can review your situation and determine what steps to take in any fathers’ rights dispute. They can make sure you receive fair and equitable consideration under New York State law.
FAQs About New York Fathers’ Rights Laws
What Rights Does a Father Have in New York?
Fathers have equal rights to a child as mothers do in the New York family court. A father has custody and visitation rights to the child once paternity has been established. Paternity can be confirmed by court order, acknowledgment of paternity, or legal presumption.
The legal presumption applies if the parents were married at the time of the child’s birth. Paternal fathers share the responsibility to financially support the child and make educational, medical, and religious decisions for the child.
Is New York a 50-50 Custody State?
Under New York State law, a judge can determine custody by what is in the best interests of the child. New York does not have a default 50-50 rule, so it is not considered to be a 50-50 state.
Each custody case is different and should be judged according to its specific details. Mothers and fathers have an equal chance of being awarded custody of the child, depending on their ability to provide for the child’s needs.
Can I Leave New York State With My Child Without the Father’s Permission?
In most cases, you do not need the permission of the father. You do, however, need permission from the New York child relocation court. You may have to present an argument in court as to why and how relocation is in the child’s best interests. It is important to note that the judge should consider what is in the child’s interest, and moving the child away from one of the parents may or may not be in alignment with that.
How Is Child Custody Determined in New York?
Under New York State law, child custody is determined based on what is in the best interest of the child. Oftentimes, the parent who is awarded physical custody is the parent who can demonstrate the ability to provide for the child’s basic needs, such as food, shelter, and a stable home environment. A judge often weighs these factors and awards custody based on which parent can provide the most conducive environment for the child.
A Legal Team You Can Trust
The legal team at Trotto Law Firm, P.C., understands that it can be difficult to know your legal rights. We also know how it can be to navigate the different complexities of New York law. Our firm has provided compassionate representation to individuals all across the state of New York who may be struggling with a family law case. We assist by providing comprehensive legal services and support for their situations. Our firm puts the rights and interests of our clients and their children first.
Child custody cases can be highly stressful and emotional situations. You deserve proven and high-quality legal assistance. Trotto Law Firm, P.C., can provide timely legal assistance and advice on all matters related to family law. Contact our legal team today to learn more about what your options are under New York family law.
