Fathers Rights Lawyer in Rochester, NY
Experienced Rochester Divorce & Family Law Attorney Advocating for Fathers Rights for over 20 Years
Going through a divorce is difficult for everyone involved, but fathers face specific challenges. The legal system often favors the mother, leaving fathers with weekend visits that aren’t good for the parent or the children. The Cimino Law Firm has fought for fathers for more than two decades. As fathers’ rights advocates, we will help you get a custody agreement that is best for everyone involved, not just the mother. We know that fathers and their children have special bonds, and New York law is on your side.
Call the Cimino Law Firm today to schedule a free consultation, so you can learn more about fathers’ rights and how we can protect them.
Child Custody and Fathers’ Rights in New York
New York courts base child custody on the “best interests of the child.” The courts are not allowed to consider gender when determining custody. That means that fathers have as much right to custody as mothers do. Still, fathers face challenges when fighting for custody. That’s why it’s critical to have a legal team at your side, fighting for your rights.
What Factors Determine Child Custody?
The courts analyze various factors to determine the best interests of the child. These factors include but are not limited to:
- The strengths of both parents
- The weaknesses of both parents
- The overall physical and mental health of the parents
- The primary caregiver before the divorce proceedings
- Work schedules (long hours, weekends, etc.)
The court also considers the child’s preference as long as he or she is old enough to make a decision. However, while the child is welcome to state his or her preference, the court will not base its decision on child preference alone. It weighs it along with other factors.
After looking at the factors, the court can determine both legal and physical custody. Parents often receive joint custody of the child. However, the court might award primary custody to one parent and visitation to the other.
Are you concerned about receiving child custody? Are you afraid that the courts will break the bond between you and your child? A father’s bond with his child is very important, so don’t try to fight for custody on your own. With over 20 years of experience, Michelle Cimino and the Cimino Law Firm is the right choice for fighting for your fathers’ rights.
What Are Fathers’ Rights for Child Support?
Almost 20 percent of custodial parents are fathers. Unfortunately, men are less likely to make legal or informal child support agreements. Less than 40 percent of custodial fathers have formal or informal agreements in place.
Child support is a critical component of raising children. If you are a custodial father, the entire financial burden of raising your child should not fall on you. The Cimino Law Firm can help you create a child support agreement, so you can receive monthly payments.
We have two options for creating a child support agreement. Many of our clients prefer to go to mediation. As the neutral mediator, we will help you and the child’s mother negotiate a child support agreement. We will begin by calculating the assets of both parties as well as the custody agreement. We will oversee the negotiation to ensure the amount is fair to you, the mother, and, most importantly, the child.
Once an agreement is in place, we will formalize it in the court system. Then, the mother will have an official court order that states how much she must pay each month.
If you cannot agree in mediation, we can take the case to court. Unlike mediation, the mother and father do not get to negotiate in court. The court determines the amount of support through a formula.
To begin, the court combines the incomes of both parents. Then, the income is multiplied by a percentage based on the number of children the couple shares. The percentage is:
- 17 percent for one child
- 25 percent for two children
- 29 percent for three children
- 31 percent for four children
- 35 percent for five or more children
The court divides the amount by two. That is the amount that each parent should contribute to raising the children. Then, the court looks at the amount the non custodial parent makes. In this case, if the mother makes 40 percent of the income, she will need to pay 40 percent of the cost of raising the child.
The court does have some discretion if the combined income is more than $148,000. The court might award the custodial parent even more money in this case.
The courts don’t look at gender when determining child support payments. Instead, the courts analyze the amount of money it takes to raise a child and how much each person should contribute.
Whether you want to go to court or work out an agreement in mediation, you need a family law attorney by your side. The Cimino Law Firm has helped fathers just like you receive child support payments. We can also help you if the mother refuses to pay once the order is in place.
You want what is best for your child, and that means child support is a necessity. The mother should contribute to the daily costs of raising a child. Let us help you get the money you and your child need.
Spousal Maintenance and Fathers’ Rights – How Do You Ensure Payments are Fair?
Fathers’ rights also include spousal maintenance. Both men and women can receive spousal maintenance in the state of New York. If your spouse was the primary breadwinner during your marriage, you might be eligible to receive payments. We can negotiate these payments outside of court or file the paperwork, so a judge can hear the case and determine the award.
What if you’ve been the primary breadwinner? If so, it’s likely your former spouse will file for alimony. Many of our fathers’ rights cases include ensuring that men don’t overpay. Far too often, men agree to divorce terms that include high alimony payments that make it hard for them to cover their daily expenses. We will go over your financials with you and explain how much you should pay in spousal support. Then, our team will work with you to get an agreement in place.
Spousal support should not be a financial burden. You shouldn’t drown in debt or struggle to pay your bills due to spousal support. You have certain rights, and we will make sure your rights stay intact as you move through your divorce.
Why Choose The Cimino Law Firm For Your Fathers’ Rights Case?
Divorce is never an easy process. Splitting with someone you used to love can feel like going through a death. The process is even more emotionally taxing when children are involved. You love your child with all your heart and want to see them as much as possible. As a father, you can’t help that worry that the courts won’t understand the importance of your bond with your child and your fathers’ rights will be stripped from you.
The Cimino Law Firm will ensure that your voice is heard and your rights are protected. We have represented fathers for more than 20 years and have an intricate understanding of New York law. Whether you want to go to mediation or take the case to court, we will help you each step of the way.
We will also help with the emotional side of the case. It’s normal to feel frustrated and alone. Your world has turned upside down, and you don’t know what the future will bring. The Cimino Law Firm will be your support system as you work through this difficult time. You won’t be alone because we will be here for you.
The Cimino Law Firm also makes it easy to get started. We offer free phone consultations, so you don’t have to pay any money upfront. We also have two offices to serve you. You can visit our Rochester or Webster, NY, office when you are ready to proceed.
Remember, you have rights as a father, and the Cimino Law Firm is here to protect those rights. Call us for your free phone consultation today.