Parental Rights Lawyer in New York City

Over 3,000 Cases. Exclusive Focus on Family Law. Fighting for NYC Parents.

Parental rights cover the legal authority to raise a child: where the child lives, who makes decisions about education and healthcare, and how much time each parent spends with them. Whether you’re going through a divorce, separating from a partner, or dealing with a custody dispute as an unmarried parent, these rights can be contested, modified, or enforced in court. At Eiges & Orgel at Ballon Stoll P.C., we exclusively practice divorce and matrimonial law. With over 60 years of combined experience and more than 3,000 cases handled, our attorneys understand how New York courts approach these disputes and what it takes to protect your relationship with your child.

Both married and unmarried parents face parental rights questions, and the legal path forward isn’t always obvious. We represent parents across New York City from the first filing through any modifications that follow.

If your custody arrangement, visitation schedule, or decision-making authority is at stake, don’t wait to get legal guidance. Call Eiges & Orgel at Ballon Stoll P.C. today at (347) 848-1850 to schedule a consultation.

Credentials That Reflect Our Commitment to Clients

Attorneys Kenneth Eiges and Scott Orgel have both been selected to Super Lawyers®, a peer-recognition distinction awarded to a limited percentage of attorneys. Kenneth A. Eiges holds the AV Preeminent® Rating from Martindale-Hubbell® for 2026, the highest rating the service issues, reflecting both legal ability and professional ethics. Our firm has also been featured in national media including CNN® and People®. With multiple office locations in New York, Brooklyn, and Briarwood, accessing our representation is straightforward regardless of which borough you’re in.

How New York Law Defines Parental Rights

New York courts decide contested custody and visitation disputes under the best interests of the child standard. Neither parent holds an automatic advantage: Domestic Relations Law 240(1)(a) and Domestic Relations Law 70 both provide that neither parent has a prima facie right to custody over the other. Judges weigh each parent’s caregiving history, parenting skills, and ability to cooperate with the other parent, among other factors.

Understanding the distinction between legal and physical custody matters when navigating these cases:

• Legal custody is the right to make major decisions about a child’s education, healthcare, and religious upbringing.
• Physical custody determines where the child primarily lives on a day-to-day basis.
• Sole custody grants one parent primary authority, while joint custody distributes decision-making or parenting time between both parents.
• Visitation rights help the non-custodial parent maintain a meaningful relationship with the child through a structured schedule.

Parental Rights for Unmarried Parents in New York

An unmarried father has no automatic legal rights to custody or visitation until paternity is established. This can happen through a voluntary acknowledgment of paternity signed at the hospital or later, or through genetic testing ordered by the court under Article 5 of the Family Court Act. Once paternity is legally established, a father gains the same rights as a mother, including the right to seek custody and visitation and to participate in decisions about the child’s upbringing.

New York also recognizes that someone who isn’t a child’s biological or adoptive parent may still have standing to seek custody or visitation when that person has functioned as a parent to the child. These cases require careful legal analysis of the relationship and its history.

Modifying or Enforcing an Existing Order

A custody or visitation order doesn’t necessarily remain unchanged for the child’s entire childhood. Courts can consider modification when a parent demonstrates a substantial change in circumstances since the original order was entered. Relocation is one of the most common triggers, but changes in a child’s needs or a parent’s situation can also qualify.

When one parent interferes with or consistently denies the other’s court-ordered parenting time, the affected parent can seek enforcement through Family Court. An order remains in effect until the child turns 18, becomes emancipated, or a court modifies it on proper grounds.

What Working with Our Firm Looks Like

From your first appointment through resolution, you’ll work directly with one of our attorneys rather than being handed off to support staff. We offer in-office, phone, and virtual appointments to fit your schedule during what is often a stressful and time-sensitive situation. Our approach is straightforward: clear information about where your case stands, honest guidance about your options, and representation that reflects your priorities as a parent.

Speak with a New York City Parental Rights Attorney

If you’re concerned about your custody arrangement, your visitation schedule, or your rights as an unmarried parent in New York City, we’re ready to help you understand your position and your next steps.

Contact Eiges & Orgel at Ballon Stoll P.C. by phone at (347) 848-1850 or through our contact form to schedule a consultation with one of our attorneys.