Child custody disputes are among the most emotionally charged and consequential aspects of divorce. For many fathers, the process feels uncertain and stacked against them, raising legitimate questions about fairness and rights. Yet, New York family law does not presume one parent is better suited than the other. Instead, judges base custody decisions on evidence showing what arrangement best supports the child’s physical, emotional, and developmental well-being. Understanding how these determinations are made and what factors the court evaluates can help protect fathers’ custodial rights and prepare for the decisions ahead.
What Are Fathers’ Custodial Rights?
If you are anticipating or going through a custody battle with your spouse, you might be worried about what will happen next. It is only natural to feel anxious. The courts in New York will ultimately determine the situation that best serves the child’s interests. Many fathers worry they will, by default, end up on the short end of the stick. Fortunately, that is not always the case.
Knowing your rights is the first step to navigating your case effectively. In order to understand how these rights are applied in real cases, it’s important to examine how New York courts determine custody and the factors that influence their decisions.
How Courts Determine Custody
The New York State courts define a custody order as a responsibility to care for and maintain a child.
According to the courts in New York, the following are factors that will determine what is in the best interest of the child or children:
- Each parent’s strengths and weaknesses
- Both parents’ mental and physical health
- Each parent’s role as the primary caregiver during the divorce
- Both parents’ work schedules
Sometimes the choice will be obvious. Maybe one parent has a work schedule that lines up with when the child is in school, makes more money, and is usually the one to take them to appointments and activities, while the other parent does not have a stable income or perhaps suffers from substance abuse.
Other times, the choice will be less obvious. Maybe the relationship with the child is split equally between the parents, and both are capable of providing a good living situation for the child. Additionally, the court factors in each parent’s ability to foster the child’s relationship with the other parent.
Now that we know how courts determine custody, we can examine the different types of child custody.
Custody Options
Depending on your situation, there are a few different custody options that can occur.
Shared custody would be between two parents who have approximately equal contributions to the child’s life. Your child would reside with you part-time. This could be every other week, weekends, half the week, etc. If you and your ex can agree on a shared custody schedule, it can vary.
Another type of custody is sole custody. Having sole custody of your child or children means your child or children live with you full-time. Often, when one parent has sole physical custody, they also have legal custody, meaning they make medical and educational decisions for the child.
Understanding which custody arrangement may apply is only part of the process. Once you know your options, the next step is ensuring your rights are protected and your voice is heard.
Our Family Lawyer Works to Protect Fathers’ Rights
If you want to learn more about fathers’ custodial rights and prepare for future custody arrangements, contact our office right away. We are here to help guide you every step of the way through your case. You deserve to have a skilled and caring Rochester divorce attorney in your corner.
