Tag: fathers rights

How Dads Can Get Visitation Time With Their Children on Father’s Day When Going Through Divorce

by David Badanes | June 16, 2021

When you go through a divorce, there are a lot of adjustments that need to be made, including time with your kids for holidays. When it comes to Father’s Day, parenting time for that day should go to the dad but enforcing this time might be difficult. If you are having difficulty getting your visitation time for Father’s Day, there are steps you can take to resolve the issue.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared advice on how to navigate this difficult situation:

  • Document everything. You should keep a log of every time your ex prevents you from seeing your children and/or every time your ex is late returning your children. Make sure the log includes the date and a brief description of what happened. For example, an entry in the log might look like: 6/10/2021- Jane did not bring back our son. I texted her, she said he wasn’t feeling well, but, when I asked to speak to him, she refused to put him on the phone.
  • Have a conversation with your ex. When there is conflict surrounding visitation time, the first step is to discuss it with your ex. Ideally, the situation will be resolved outside of court for the sake of parents and children.
  • If you can’t reach a resolution, see an attorney. If discussions do not lead to change, then you should contact an attorney as soon as possible. If this step is necessary, don’t delay in taking it because time with your child will suffer if you wait. Keep in mind that your lawyer may want to send a letter first before going to court.
  • Continue with child support. If an existing court order is already in place, make sure you keep up with child support payments until a court issues an order changing the arrangement.
  • Do what you can in the meantime. If there are serious issues with not getting parenting time, this could take a while to change in court. And while this step is necessary, it doesn’t mean you stop being a parent in the meantime. Make plans to do fun activities with your kids on Father’s Day and do what you can to speak with them/spend time with them. If your intentional planning still doesn’t change the situation for this Father’s Day, tell your kids your plans for the future. This will let them know you want to spend time with them and are thinking about them.

Divorce can be messy, but the priority of both parents should be for the “mess” to affect the children as little as possible. However, because feelings are involved, a parent may believe they are acting in the child’s best interests even if they are not. This is why a lawyer is necessary in some cases to resolve conflicts between parents going through a divorce. While these negotiations may change what your Father’s Day looks like, remember that this day comes around every year, so there will be more opportunities to spend this special day with your kids the way you want to.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. If you are contemplating getting a divorce, and need an attorney to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com.

The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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6 Reasons Why It Is Important To Establish Paternity

by David Badanes | February 17, 2017

By David P. Badanes, Esq. and Jillian M. Enright, Esq.

There are many reasons to establish paternity. For unmarried parents, paternity is established in two ways: (i) by signing a voluntary Acknowledgement of Paternity form; or (ii) it is established by a court proceeding.

Establishing paternity can be beneficial to the child, the father, and the mother. Legal paternity might have to be established before a court can order custody, visitation, and child support. Here are 6 reasons why it is important to establish paternity:

  1. Identity. It is important for the child to know they are part of a family. Similarly, it is important for the father to know that they are “legally” the father of the child. Paternity can help create relationships between the father’s side of the family and the child. Identity is more than having the father listed on the child’s birth certificate. In establishing paternity, it is important to form these extended relationships for both the child and the father’s identity.
  1. Father-Child Relationship. A father-child relationship is fundamental to a son or daughter’s childhood. Establishing paternity is the first step to achieving a healthy father-child relationship. Studies have shown that a father who actively participates in a child’s life can help to improve the emotional and social health of the child.
  1. Custody and Visitation. If the father and mother are not living together or they are contesting custody rights or visitation rights, then paternity may need to be legally established before a court can order custody or visitation to a father.
  1. Financial. Both parents, mother, and father, must provide financial support to their children. In order for a court to make a father pay child support, paternity must be established first. Establishing paternity not only affects child support, but it also affects other financial benefits from the father. These can include: social security benefits, life insurance, pension and retirement, and inheritance rights in the event that something will happen to the child’s father.
  1. Medical. It is also important to determine the paternity of your child for medical reasons. The child and the child’s doctors may need to know the medical history from both sides of the family for certain genetic traits and diseases that may affect the child. Additionally, once paternity is established a father may be able to add the child to his medical insurance policy.
  1. Access to Information. Legal fathers and mothers have the right to be notified about proceedings involving their child. These may include criminal proceedings, adoption proceedings, juvenile court proceedings, and custody hearings. Legal fathers and mothers also have the right to access information regarding school, medical, and religious records.

If you are concerned about paternity and need more information about paternity, call the Badanes Law Office. Contact our top-rated divorce attorneys today at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com.

You can visit our office in Northport, Suffolk County and in Garden City, Nassau County.

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How is Paternity Legally Determined?

by David Badanes | August 3, 2015

Ipaternityf you are married and your wife has a child, you are presumed to be the father of the child. If you are not married, then the mother, at the time of the birth, has the option to name the father of the child on the birth certificate. In both of these situations, the actual father may not be the husband or the name on the birth certificate.

If you believe that you have been inaccurately named as the father of a child, or, you believe that you are the father and your name is not on the birth certificate, then you need to obtain a paternity test.

You can petition the Family Court to have the Court order a paternity test. The Court will order a test of the mother, the child and yourself. The results of the tests are almost 100% accurate and will let the Court make a decision on whether or not you are the father.

If the Court determines that you are the father, then certain rights and responsibilities will attach to that determination. You will now have certain parenting rights and custody rights. You will also have an obligation to provide child support.

In contrast, if the Court determines that you are not the father, then that does not automatically mean that you will not have to provide child support. If you have been acting as the father of the child, then the Court may still determine that you have to provide child support payments.

If you are not sure if you are the father, then the Badanes Law Office can help you. The Badanes Law Office has offices in Northport and Garden City. Call Father’s right attorney David Badanes and the Badanes Law Office at 631-239-1702, or email at david@dbnylaw.com.

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