Fathers across the U.S. are playing more active roles in the lives of their children as compared to a few decades ago, and are considerably engaged with all aspects of their upbringing. Fortunately, New York State laws have kept up with the times and now afford fathers the same rights regarding child custody, visitation, and support as mothers. However, when disputes arise over fathers’ rights, the legal issues are complex and the court proceedings are overwhelming if you do not have a legal background.

Our attorneys at The Colwell Law Group understand that fathers may face an uphill battle in enforcing rights related to their children. We are here to help you overcome the legal hurdles, drawing from extensive knowledge and experience we have amassed in more than 20 years of practice in fathers’ rights cases.


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.

Tell Us About Your Legal Need

Reviews From Past Clients

Read & Watch Reviews From People Like You

Find out how Colwell Law Group helped Amanda get her daughter back after a one-sided custody battle

Find out why Christian decided to retain a lawyer who specialized in divorce law & how it influenced his case.

Mary was sensitive and helpful in guiding me through a mediated separation and subsequent divorce...


I retained Kevin Colwell during what was for me, the worst period of my life to date...


When I first became separated, I hired a pitbull attorney so I could get back at my ex, who had wronged me...


Attorney Kevin Colwell (Kevin) and his firm helped my wife and I sell our house. It had been 9 years since I had sold a house so I needed to be guided through the entire process from the contract through to sale.


Mary Colwell was recommended through a friend who had recently just gone through a divorce...


A divorce is not a great process for anyone. This was the most difficult time for me to go through...


I have hired Mary for multiple purposes in the past few years for everything from family law issues to traffic violations...


Mary drafted a prenuptial agreement for my husband and me that was fair and agreeable to both of us...