Long Island Attorneys Fight Court Bias to Protect Fathers’ Rights

Gender-neutral custody laws still have a disparate impact on fathers

Although New York did reform its child custody laws to make them gender neutral, the state has not written into law a preference for joint custody. Therefore, child custody is often an “all or nothing” contest, where too many judges favor mothers. If you are a father who wants to have shared or sole custody of your children, you need an aggressive attorney who knows how to fight for your rights. At Bryan L. Salamone & Associates, P.C., we’ve managed hundreds of divorces in New York and on Long Island. We know how to employ effective strategies to level the playing field for fathers seeking custody. Don’t let your roll in your children’s lives be reduced to a visitor with a checking account. We can fight for you to uphold your parental rights.

Negotiating joint custody as part of a marital settlement

Often the easiest way to obtain joint custody of your children is to negotiate that term as part of a marital settlement agreement. When mothers look objectively at their own circumstances and their children’s best interests, they often agree that joint custody is the best arrangement. This is especially true when a woman has her own career and needs occasional relief from parenting duties. Mothers are resistant, however, when they feel betrayed and are angry with their soon-to-be ex-husband, or when they’re using custody as leverage to increase their alimony settlement. Overcoming that kind of resistance to joint custody takes hard work and a level of professionalism that only comes with years of experience fighting for fathers’ rights.

In custody hearings, stressing court factors that favor fathers

When a father has to fight a custody battle in court, he’s usually at a disadvantage on two points. First, the court must consider which parent has been the primary caregiver. In most cases, that’s the mother. Secondly, judges tend to favor mothers as caregivers, especially for children of tender years. It does a man little good to argue that he could “rise to the occasion” and be “just as good,” if he has not shown any inclination towards parenting in the past. That brings us to court factors that could weigh in a father’s favor, such as:

  • Willingness of parents to cooperate — The court favors giving custody to a parent who will not interfere with the other parent’s visitation or the children’s affection for that parent. A father who appears reasonable in court may seem a better option than a mother who is resentful.
  • Parenting skills — Even if a father has not been the primary caregiver, he may still have been actively engaged in his children’s lives and have demonstrated suitable skill to act as a custodian.
  • Health — If there is any question of the mother’s vitality, or if she has alcohol or drug issues, an energetic and sober father can make the case for being a better custodian.
  • Scheduling — A father with a flexible job can argue that he has greater availability and can respond better to emergencies.
  • Family support — The court can consider whether the children have bonds with the father’s parents and if those grandparents are available to assist in caring for the children.
  • Child’s preference — Children who are sufficiently mature can express their preference for their custodial parent. The court will weigh the child’s preference against recommendation from the lawyer for the child.

At Salamone & Associates, we’re determined to produce the best case possible for your custodial rights. We also respond quickly and decisively to allegations of domestic violence or other misconduct made to discredit you during your custody dispute.

Unmarried fathers also have a right to frequent and meaningful contact with their children. In some cases, they can even win custody, although that’s very difficult to achieve in New York unless, during cohabitation with the mother, the father established a bond with the child.

Contact an aggressive child custody lawyer willing to fight for fathers’ rights in New York

Bryan L. Salamone & Associates, P.C. has a record of success fighting aggressively for fathers’ rights. To learn more about your rights, call us at 1.631.479.3839 or contact our office online. Don’t risk losing your child. Schedule your free consultation now!