Divorce is hard. But for fathers in New York, it can feel like stepping into a courtroom already one step behind.
Even as family courts move toward equality in parenting, many fathers still face outdated assumptions—that mom gets the kids and dad gets the bill. But the truth is, children thrive when both parents stay actively involved. If you’re a father facing divorce, you need more than just good intentions—you need a strategy. One that not only protects your parental rights, but defends the bond you’ve built with your child.
At the Law Offices of Brian D. Perskin, we believe fathers are more than visitors in their children’s lives. They are equal parents, and they deserve to be seen—and treated—as such.
What Are a Father’s Rights in a New York Divorce?
Under New York law, mothers and fathers are legally entitled to equal consideration in custody and support decisions. But legal entitlement doesn’t always translate into a fair outcome without the right legal support. That’s where a father-focused strategy becomes vital.
We frequently represent fathers navigating divorce and custody issues—particularly those being denied time with their children or mischaracterized as “less involved.” Our mission is to counteract bias with facts, preparation, and a clear demonstration of our client’s involvement, parenting ability, and commitment to their child’s well-being.
Building a Legal Strategy That Protects Fathers
Fathers often come to us worried they’ll be relegated to weekend visits and child support payments. But that narrative is outdated—and we’re here to help rewrite it.
Our approach includes:
- Establishing or reinforcing paternity if not already legally recognized
- Collecting evidence of active parenting, from school involvement to day-to-day routines
- Pursuing joint or primary custody, depending on the father’s role and the child’s needs
- Asserting a father’s right to child support, when appropriate
- Crafting parenting time agreements that reflect modern work schedules and shared responsibilities
- Challenging restrictions on visitation that aren’t supported by facts or the child’s best interest
In every case, we work to present our client as a reliable, nurturing, and fully capable parent—one the court can trust with substantial parenting time.
The Role of Paternity in Fathers’ Rights
In New York, an unmarried father has no legal rights to custody or visitation unless paternity is formally acknowledged or established through an Order of Filiation. If you’re a father going through a breakup or divorce and your name isn’t on your child’s birth certificate, securing legal recognition of your role is the first step in protecting your rights.
We help fathers through this process by filing the necessary petitions, guiding DNA testing when required, and ensuring the court recognizes their legal standing.
Visitation Is a Right—Not a Reward
It’s a common misconception that fathers must “earn” time with their children through financial compliance. While courts expect both parents to support their children financially, visitation cannot be denied based on missed child support payments. Similarly, mothers cannot unilaterally block a father’s parenting time without a court order.
We pursue swift enforcement of visitation agreements and court orders, and we defend against false accusations meant to derail father-child relationships.
When Fathers Receive Custody and Support
New York courts are increasingly granting primary or shared custody to fathers, especially in situations where they’ve been the more active or stable parent. If the child spends more than half their time with the father, he may be entitled to receive child support from the mother.
We help fathers prepare for custody evaluations, present evidence of stability and caregiving, and make the strongest case possible for their child’s best interest—including when that means the father should be the primary custodial parent.
Why Kids Need Their Dads
Decades of research show that children benefit from having both parents involved in their lives. Kids with active, engaged fathers have stronger emotional regulation, better academic performance, and lower rates of risky behavior during adolescence. The courts may say “best interest of the child”—we help prove that means keeping dad involved.
Hire a Father’s Rights Attorney in New York City
Whether you’re entering a divorce, revisiting a custody arrangement, or being denied access to your children, we’re here to help. At the Law Offices of Brian D. Perskin, we build solid, fact-based, and aggressive strategies to protect your role as a father—and to fight for the parenting plan your child deserves.
Don’t wait for your rights to be overlooked—assert them with experienced legal representation on your side. Contact us today to get started.