Fathers — A Matter of Rights

Without question, a father seeking sole or even joint custody of his children without agreement of the mother has a tough case ahead of him.

New York courts decide child custody matters based on the best interests of children. Historically, payment of custody support and visitation was allocated to fathers while child custody was awarded to mothers. Even today—make no mistake—many settled and litigated cases fall along those lines.

But cultural perspectives and family law are changing. With a focus on father’s rights, our firm has participated in an upswing of victories on Long Island for fathers who want to be parents, not just visitors.

If you want to support or restore your position in the life of your children, take note of the following approaches we have successfully used to enforce the rights of men:

• Relationship matters: In relying on best interest factors, a court looks for quality of relationship between parent and child. Do not let legal counsel overlook the close and warm ties you have with your child.

• Preference: By teen years, courts give greater weight to living preferences expressed by children. Arranging an in camera interview between child and judge can help the court understand the real needs and desires of your children.

• Flexibility helps: Flexible work schedules can give fathers a better shot at custody.

Despite changing times, fathers' rights cases are still complicated. Make sure your attorney is not afraid to protect your rights aggressively—and those of your children—when necessary.