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 This is due to the outdated yet long-standing belief that mothers are best as primary caregivers while fathers serve their children best as breadwinners.
Today, the family courts of the United States have made great strides in overcoming these outdated biases, but unfortunately, many fathers still encounter unfairness and feel disadvantaged in their family court cases.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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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