Father’s Rights in New York

Not so long ago the rights of divorced father’s went unacknowledged and often child custody defaulted to the mother. Today, sole custody awarded to the mother is not a forgone conclusion and divorced fathers take an active role in their children’s lives. The family courts of today recognize that fathers’ rights are equally important to that of the mother—and family court judges strive to reject custody bias when determining child custody.

In fact, studies have shown that excluding fathers from their children’s lives can have detrimental effects as the following statistics show:

Children without fathers are 40 percent more vulnerable to illness

  • The majority of teenage runaways (90%) come from fatherless homes
  • 71 percent of high school dropouts are raised without a father in the home
  • 80% of young offenders with adult criminal records come from homes with absentee fathers
  • 70 percent of long term prison inmates were raised without fathers

New York child custody factors

In the eyes of the NY family courts, both parents have rights when determining child custody and the factors used to determine custody includes:

The child’s relationship(s) with each parent and siblings

  • Availability of the parents
  • Finances of the parents
  • Each parent’s employment responsibilities
  • Parents’ cooperation in parenting matters
  • The parent’s observable behavior in court
  • The child’s preference
  • The needs of the child
  • Age, mental and physical fitness of each parent
  • Stability of the home environment
  • Any history of child abuse or neglect
  • Domestic violence
  • Any parental history of drug or alcohol abuse
  • Existing informal custody agreements
  • Existing written custody agreements

Talk to a NY Divorce Attorney about your custody rights

Today, a father has as much to win or lose as a mother in custody matters. If you are a father concerned about your custody rights, you should consult with an experienced New York child custody lawyer to discuss your case.

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