Fathers’ Rights and Child Custody Under New York Law
If a child’s parents cannot agree on custody and visitation, the New York State statute applies to decide these issues for them. The paramount consideration is the child’s best interests, which include:
- Each parent’s ability to provide for the child’s needs financially;
- The child’s relationship with other individuals, including siblings;
- Any history of domestic abuse involving either parent;
- The mental and physical health of each parent;
- The child’s wishes, where appropriate depending on age; and,
- Other factors as provided by law.
Fathers Face Multiple Challenges in Custody Cases
Though the law focuses on the child’s needs and there is no stated preference for the mother’s rights, fathers’ rights may be at risk simply out of practicality: It is more common for women to raise children when the parents are married, and the mother may be the sole caregiver when not married. Therefore, Orange County Family Courts may give significant weight to continuing with that arrangement in a custody case.
However, the judge must consider all the factors regarding the child’s best interests standard. Our lawyers at The Colwell Law Group can help you achieve your goals related to physical and/or legal custody of your child, no matter what specific arrangement you seek. We strive to ensure fairness in the proceedings and protect your rights to have a strong, consistent relationship with your child.
Enforcing Rights Benefits Your Child
Studies show that children perform better academically and are more emotionally grounded when their fathers are actively involved in their upbringing. If you are seeking custody in connection with a divorce, the proceedings are stressful for both you and your child. Enforcing your rights can help you all through these difficult times, encourage consistency, and avoid disruptions that can negatively impact the child’s life.
Our Fathers’ Rights Attorneys Protect Your Right to a Relationship with Your Child
If your rights as a father are jeopardized due a dispute with the child’s mother, it is critical to seek skills, knowledgeable representation right away. The lawyers at The Colwell Law Group, LLC can explain your rights as a father and help you with enforcing them, so please contact us at 518-864-0564 or visit us online to schedule a confidential consultation.