6 Ways to Protect Your Parental Rights When Facing a Divorce

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When parents are married, they share equal parental rights to the children born during their marriage. For most parents, protecting their right to be a part of their child’s life after a divorce is their main priority. If you think that your co-parent may try to challenge your parental rights post-divorce, it is important to begin working to preserve your role in your child’s life. To learn the steps you can take to protect your parental rights, continue reading and contact our Brooklyn divorce lawyer.

How can I protect my parental rights?

  • Put your child first: Facing a divorce can be extremely overwhelming and emotional. It can be easy to be distracted by property, custody, and finance issues. However, your priority should be your child. It is important that you spend quality time with your child and keep their routine as normal as possible. This may assist you in front of the court so that you can prove that you are capable of parenting under these circumstances.
  • Retain the services of an experienced attorney: It is best to retain the services of an attorney as soon as you are aware of an imminent divorce. Before the case has begun, you can speak with an attorney to catch them up to speed on your situation. Your attorney will understand your state’s child custody laws and will assist you if your parental rights are being violated and how to protect them.
  • Speak with your spouse: It is important that you talk with your spouse to figure out how the two of you can cooperate as parents once the divorce is final. Sit down with your spouse to discuss how things will change once the family home is split. It is best to attempt a resolution on a temporary arrangement for visitation so you do not have to schedule visits sporadically. This conversation may even jump-start how you will settle your custody issues in your case.
  • Decide on a parenting arrangement: Decide on a parenting plan to bring to the court where you will specify when and how often you think each parent should see the kids, including during holidays and vacation time. You may also want to include details about how the child will be transported between visits and how you’ll communicate with your co-parent when making these types of decisions.
  • Document all that you do for your child: It can be beneficial to document mementos such as photos you’ve taken together, crafts you’ve made together, and more. Log the caretaking duties you fulfill, all that you enroll them in such as school and extracurriculars, and what you purchase for them. This will work towards proving your relationship with your child.
  • Document interference with parental rights: If you are ever denied access to your child, you must document these incidents by keeping track of text messages or emails that show your parental rights are being interfered with. It may also be beneficial to collect proof if your co-parent has not attempted to maintain a relationship with their child.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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