The perception that a mother is favored in a Child Custody proceeding usually arises from the historical fact that often mothers have been, at least in the past, the primary caregiver for the family’s children. As time progresses however, men and women are becoming increasingly equal when it comes to duties within the home as well as the work place. Often times, fathers are spending just as much time and energy raising their children as mothers are. Unfortunately, fathers are sometimes still pushed aside and their rights forgotten in order to place children with the biological mother in divorce and custody proceedings. It is important to know your rights as a father and ensure that those rights are protected for you and your child.

New State Law

A father may be concerned that courts favor the mother for sole custody, but this is not the case. New York courts endeavor to be gender-blind when it comes to custody rights.  The courts decide on child custody and visitation issues based on the greatest good for the child or children. Because the best interests of the children are what the courts use to drive primary or joint custody and other visitation arrangements, there is no assumption that either parent would be a better candidate for sole custody simply due to a parent's sex. Sadly, the reality is that there are times when fathers are deprived of a fair chance in order to push a case through the courts as quickly as possible, often ruling in the mother's favor.

Were your rights violated?

A father has obligations in regards to raising his child or children, but along with these obligations come rights as well: the right to custody, the right to visitation if custody is not granted, the right to have a say in how his child is raised, the right to establish paternity, and more.

When child custody is in question, there is no doubt that a father deserves the same rights and opportunities as the mother. Many fathers suffer damaged or broken relationships with their children when the mother or legal guardian fails to honor the court’s visitation schedule, denies visitation, or relocates with the children without court approval or notification. If your parental rights have been violated in any way, it is imperative that you seek the guidance of an experienced attorney. An attorney can help prove that you can provide an emotionally secure and financially stable environment both now and long term for your child. Additionally, an attorney may be able to compel the court to modify the terms of custody and visitation orders which will bring justice to you and your family.