The Coronavirus outbreak has led to stay-at-home order throughout the state of New York. This is requiring people to self isolate within their homes. While this can be difficult for anyone, it can put a great strain on families of divorce. This is especially so if parents share custody of their child, as it can raise many questions pertaining to how they should proceed under the circumstances. Continue reading to learn more about what rights fathers have during this time and retain the services of an experienced New York family law attorney to help protect them.
What are Father’s Rights?
At the end of any divorce case, a child’s father maintains certain rights to their child. They also have certain responsibilities. This can include the following:
- The right to custody. This can include physical custody, legal custody, or both. Physical custody determines the parent the child lives and spends the majority of their time with. Legal custody determines the influence they can have over important decisions made throughout the child’s upbringing.
- The right to visitation. Even if a father only has legal custody, they still have the right to visitation. There are different ways to set up a plan so both parents can see their child.
- The right to support. Both parents in New York are required to financially support their child. This is through mandatory child support payments from the non-custodial parent to the custodial parent until the court terminates them.
Are these Rights Valid During Coronavirus Times?
It is important for parents to know that these rights are still applicable, even during these unprecedented times. Understandably, the circumstances of the Coronavirus may want parents to change how they go about their everyday lives. This can include where they want their children to go and not to go. However, they are still required to follow the custody and visitation agreement settled by the court. They cannot simply choose to violate the agreement. Instead, modifications may be requested from the court to adjust a custody or visitation system during these difficult times to ensure the safety of a child if necessary. While this is true, a father still has the same rights to their child until this is done.
Parents should remember these same laws apply to child support payments as well. Any fathers who owe child support are required to continue making their payments. However, modifications can be requested in these situations as well if a parent is experiencing financial difficulty due to the pandemic. This can allow adjustments of the amount or frequency of the payments so that they better suit the father’s current financial situation.
Contact our Firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.