Visitation Rights

Do I Have Rights to Be Present During the Birth of My Child if the Mother Keeps Me Away?

Do I Have Rights to Be Present During the Birth of My Child if the Mother Keeps Me Away?

You have conceived a child with a woman that you are not married to at this time. Whether this pregnancy was planned or not, you want to have an active part in the process. However, the mother does not want you to be involved in the pregnancy or birth process.

Your question is, “Do I have rights to be present at the birth of my child”?

The Answer is No, You Do Not Have Rights to Be Present

Under the guidelines of the law, pregnancy is seen as a medical condition, and the woman who is giving birth has the right to privacy for the medical care for this condition. You cannot force or compel her to allow you to be present at the birth of your child.

However, once the baby is born, you do have parental rights. These rights give you the ability to bring a proceeding in court for visitation and other parental duties for the child. When you start a proceeding to enforce your rights, you will also have to establish paternity as well as a child support plan for that child.

Speak with An Experienced Attorney Focused on This Area of Law

Establishing parental rights under these circumstances can be challenging when one parent does not want to interact with the other. Parental rights will have to be established through paternity testing, and there will need to be legal documentation presented.

If you have found yourself in a position where you want to establish your paternity so that you can have an active part in your child's life, work with an attorney who focuses on family law.

Sabra Law Group Can Assist with Establishing Your Rights as the Child’s Father

The New York family law attorneys at Sabra Law Group can help you with this situation. They can help establish your rights and seek visitation rights for you with your child. Through mediation or direct legal action with the courts, Sabra Law Group will actively represent your rights as the child's father.

You may not have the legal right to be present at the birth of your child, but this does not mean you do not have the rights to be involved in their life. If you want to be actively involved in your child's life, speak with one of the attorneys at Sabra Law Group today. Call 646-742-7971 and find out everything Sabra Law Group can do for you.














What You Need to Know About Child Custody if You Relocate Outside of New York 

relocate outside of New York

Issues concerning child custody are limited by jurisdiction. For a court to make any determination on child custody issues, it must be established that the child has lived within the jurisdiction for the previous six months. This is usually not an issue, but if you relocate outside of New York prior to establishing custody, there may be some additional legal issues you must address.

Rules For Custody Jurisdiction

In most cases, if there were prior child custody hearings about the child or children in question held in New York and the children have since moved, New York may elect to keep jurisdiction over the custody hearings if one of the parents has remained in New York. However, if the child has lived outside of the area for over six months, the court in the new state may assume jurisdiction over custody hearings. This applies to every state except Massachusetts.

What Happens if Your Child Has Large Connections to New York State

If you relocate outside of New York, but the child has a large connection to the state, such as education, medical care, or spends a significant time with the other parent who lives in New York, the state may retain jurisdiction over all custody hearings.

There Are Many Complexities When It Comes to Child Custody 

There are many complexities that can arise when it comes to child custody. If the child was wrongly removed from the state, New York may automatically assume jurisdiction as the home state for the child. 

If there were other circumstances that have removed the child from living in the state for the prior six months, but they really should be considered a resident of New York, the state may decide to retain authority.

Work With A Child Custody Attorney

If there are any questions about residency when it comes to child custody, it will be in the best interest of the parent to seek representation from a child custody attorney. An attorney can help establish jurisdiction as well as help solve all of the issues regarding custody.

It will be especially important to seek legal representation if you have recently relocated outside of New York and need to make any changes to your child custody agreement. 

Contact Sabra Law Group today to discuss your child custody case at (646) 472-7971.






Do Grandparents Have Visitation Rights in New York?

Do Grandparents Have Visitation RightsThe relationship between grandparents and grandchildren can be incredibly important and rewarding. Unfortunately, many grandparents are barred from seeing their grandchildren by circumstances outside of their control. Though working through those family issues on your own is the preferred course of action, there may come a time when you wish to get the courts involved. Before doing so, it's vital that you know whether or not grandparents actually have any sort of rights to visiting their grandchildren in New York.

When Could Grandparents Have Visitation Rights in New York?

It's important to realize that while grandparents do have visitation rights in New York, those rights don't extend to everyone. In fact, there are only three times when visitation rights are granted by the court: when one or both parents die, when the grandparents already have a relationship with the grandchildren, or when the parents have substantially interfered with the grandparents' ability to form a relationship. Only biological and adoptive grandparents are considered for this type of visitation; great-grandparents and other relatives don't have the same rights.

Parental Preference and Visitation

Though visitation rights are automatic when one or both parents die, things become more complicated when the parents don't wish to have the grandparents visit. As with most issues involving children in New York, the grandparents have to show that their visits are in the best interest of the child.

There are a number of factors that can come into play when making this determination. Everything from the age of the children to any pre-existing relationships that you might have had with children. One of the biggest factors that will come into play is your current relationship with the parents. While grandparents do have important rights in the state of New York, those rights rarely supersede those of the parents. It is, however, a path that may be worth pursuing for those who truly wish to maintain a relationship with their grandchildren.

If you are currently being prevented from visiting your grandchildren, you may be able to get a court order to do so. Though it's not possible in every situation, it is something that you might want to pursue. If your difficulty with family matters have reached the point of needing to involve a third party, it may be time for you to contact the Sabra Law Group at 646-472-7971 to get the help that you need.