Parental Rights - Family & Divorce - Practice Areas | New York Lawyers Team

Parental Rights

Parental Rights

Parental Rights – Securing Your Rights for Involvement with Your Child

Parents who have always lived in the same home with their child, or who have always been involved in their child's care may have never thought about the concept of parental rights. However, when parents face divorce, parental rights are front and center. Also, if a child is born to unmarried parents who are not in a relationship, parents can feel nervous about how their parental rights can be decided by a court.

What Are Parental Rights?

In almost all cases, a parent has rights involving his or her child, including the right to be involved in making decisions regarding their child's health, education, and well-being. Parental rights also deal with time spent with their child. Courts in New York attempt to do what is in the best interest of the child, and it is almost always best for a child to maintain a healthy, loving relationship with both parents.

There may be situations in which a court determines it is not best for a parent to exercise his or her parental rights. If a child is placed in danger, for example because a parent is abusing drugs or even abusing the child, parental rights can be taken away or restricted.

Examples of Impermissible Restriction of Parental Rights

In difficult family law matters, it is not uncommon for one parent to attempt to restrict or remove altogether the parental rights of the spouse. It is not uncommon in some situations for one parent to attempt to create distance between the other parent and the child. A parent can prevent visitation privileges with your child, or create difficulties by placing unreasonable demands on the other parent in order to prevent visits. It is a violation of your parental rights in New York and across the state if the other parent excludes you from getting information about how the child is doing in school or prevents you from involvement in treatment decisions if the child is sick.

Get Help Protecting and Enforcing Your Parental Rights

If you face a situation where you fear your child's relationship with you is being damaged by the other parent's refusal to allow you to exercise your parental rights, speak to your New York attorney and learn how to take immediate action to ask a court to make the behavior stop. Your New York attorney is here to advise you to help ensure the best possible relationship with your child. You can demand protection of your parental rights for the benefit of your child.

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