Child custody disputes are often contentious and stressful for both parents. Each parent is likely concerned about their rights regarding access to their children and physical and legal custody. There is a misconception that mothers have more rights or priority over fathers during custody disputes, but that is not the case. It is important to fully understand your legal rights and responsibilities as a parent. If you have questions or concerns, contact an experienced Suffolk County child custody lawyer to set up your free consultation today.
What Rights Do Fathers Have in Custody Disputes?
When it comes to custody and other matters related to a child, fathers have the same rights as mothers or any other parents. While traditionally mothers were seen as the primary caregivers and often given priority over fathers during custody deliberations, that is not the case anymore. Courts strive to make decisions that allow children to maintain relationships with both parents for their well-being and development. New York laws regarding child custody and visitation are gender neutral and are not skewed toward either parent.
Fathers have every right that other parents have, including the following.
- The right to legal and physical custody of the child, unless the court decides otherwise
- The right to be informed about and involved in important decisions and events
- The right to receive child support if they are named the custodial parent
- The right to equal treatment in court
- The right to appeal decisions made by the court
When determining custody, the parents’ genders are a nonissue. Decisions should be made based on what is in the best interest of the child, not outdated gender stereotypes.
How Do NY Courts Decide Who Gets Custody?
There is a variety of factors involved when courts decide how to award custody. The most important thing is ensuring the child’s health and well-being are protected.
- The relationship between the child and each parent
- Each parent’s physical and mental health
- Each parent’s home environment
- Where each parent lives in relation to the child’s school, friends, and family
- The child’s needs
- Each parent’s ability and willingness to provide for the child’s needs
- Either parent’s history of domestic violence, emotional abuse, substance abuse, etc.
- The child’s preference, if they are old enough to express it
If you fear that your rights are not protected during the custody process, it is important to obtain representation from a skilled attorney. They can help you navigate the complex situation, document your involvement in your child’s life, and plead your case to retain joint custody of your child. Reach out to a skilled attorney at Peter V. Mandi & Associates, Inc. today.
