New York’s Parental Equity Act Protects Custody Rights of Unmarried Fathers

As society evolves, sometimes statutory law is slow to catch up. This can be particularly true for laws concerning domestic relations, which are often based on outdated concepts of marriage and parenthood. Over the past few decades, more people have recognized the importance of fathers in the raising of children. At the same time, unmarried couples have increasingly decided to have children together. 

However, despite these societal trends, New York men who were not wed to the mothers of their children lacked some basic parental rights. In fact, many fathers were unable to prevent their sons and daughters from entering foster care, even when they were handling typical parenting duties. Unlike married parents and unmarried women, unmarried men did not have custody rights unless state records showed that they were making child support payments.

Finally, at the beginning of 2023, Governor Hochul signed the Parental Equity Act, which confers equal parental rights on men and women. While providing financial support for one’s child is an essential legal and moral responsibility, there could be many reasons why an otherwise caring father might not be making payments according to state records. In some cases, an order is not in place and the parents have an informal arrangement regarding child support. Alternatively, a job loss or medical crisis could temporarily prevent the father from providing funds. 

Unmarried fathers deserve the right to demonstrate in a child custody proceeding that they can create a healthy, loving environment for their son or daughter. Now, the Parental Equity Act gives them the chance to participate in a child custody proceeding and present evidence as to why they should participate in the raising of their child rather than sending the youth into foster care. 

The Law Offices of Randy S. Margulis represents fathers and mothers in legal matters relating to child custody and visitation. If you have questions about the Parental Equity Act or any other issue relating to a parenting plan, please call 716-886-9600 or contact us online to make an appointment. From our offices in Williamsville and downtown Buffalo, we assist clients across Western New York.