Statistics show that courts award custody of children to fathers somewhere between 11 and 15 percent of the time. In New York, many years ago, there used to be a presumption in the law that mom should have custody of young kids. This was called the “tender years doctrine.” The tender years doctrine was repudiated by New York Courts a long time ago, but fathers still usually have a very hard time getting custody. Many fathers find themselves in a position where they must strongly advocate for their rights and interests to gain a fair representation in custody cases, often alongside other financial considerations like alimony.
Statistics show that courts award custody of children to fathers somewhere between 11 and 15 percent of the time. In New York, many years ago, there used to be a presumption in the law that mom should have custody of young kids. This was called the “tender years doctrine.” The tender years doctrine was repudiated by New York Courts a long time ago, but fathers still usually have a very hard time getting custody. Many fathers find themselves in a position where they must strongly advocate for their rights and interests to gain a fair representation in custody cases. Seeking professional advice and legal services is crucial, as these can greatly influence the outcome in such a significant matter. In addition, understanding the implications of alimony is important for those navigating custody disputes, as it can affect both financial and legal strategies.
Fathers Are More Likely To Be Awarded Custody When Children Are Older & Want To Live With Them
Fathers should keep in mind that custody battles are typically very long and expensive. Negotiation plays a crucial role, as mothers almost never give up and most will fight relentlessly to keep custody, including filing multiple appeals and coming back to court over and over for years. In such scenarios, having a skilled advocate to represent the father’s interests can make a significant difference. The advice of experienced legal professionals can be invaluable in navigating this complex matter, particularly when alimony is also a factor to consider.
Fathers Are More Likely To Be Awarded Custody When They Married The Mothers
In many situations, older children prefer to live with their fathers. Under New York Law, while a child’s preferences about who he or she wishes to live with are not dispositive, they are given more weight when children are mature teenagers, and some Family Court judges give the wishes of these older children a great amount of weight in their decisions. It is important for fathers to be aware that amidst custody negotiations, discussions surrounding alimony might also arise, adding another layer to the legal proceedings.The advice they receive during these crucial times can significantly impact the final determination.
Fathers Are Much More Likely To Win Custody If Their Children Have Already Been Living With Them
In my experience, if fathers are married to mothers, are financially well off, pay their child support orders in full, have beautiful homes with a great school nearby, and hire premier law firms, they are more likely to win custody of children. A stable and loving house environment often becomes a compelling factor in custody considerations. In these situations, most courts are willing to at least order forensic custody evaluations, and if the evaluator recommends custody to the father, he will have a decent chance of winning custody. Leveraging professional services can help substantiate their case effectively.
Sometimes, before any case has been filed, parents will make an informal agreement that a child or children will live with their dad temporarily. This is most common when the parents are separated and the public schools in the father’s school district or zone are superior to the schools in the mother’s district or zone. This informal agreement can later play an essential role in formal custody decisions, emphasizing the critical matter of the child’s educational and overall well-being. Ensuring the child resides in a house close to quality educational facilities adds weight to these arrangements. Such agreements often require open lines of negotiation to ensure both parents understand the temporary nature and are in mutual agreement. Typically, the parties agree that the child will live with the father for a year or two until the child finishes elementary school or middle school. During this period, it is advisable for both parties to seek proper legal consultation from family law attorneys to understand their rights and responsibilities, as well as the potential impact of their decisions on future custody arrangements. Having access to a knowledgeable family lawyer can be instrumental in maintaining a fair and balanced approach to custody agreements.
Mothers Almost Always Win Custody When Children Have Already Been Living With Them.
What often happens is that after the year is over, the mother asks to have the child or children back, and the father refuses, resulting in the parties ending up in court. In such cases, legal fees can become significant, adding financial stress to an already complicated situation. Access to professional legal guidance is essential for navigating these disputes successfully, especially when handling complex arguments over custody rights and responsibilities. New York courts are, in general, quite reluctant to change custody from one parent to the other if things have been going well, but having a skilled family lawyer can make a crucial difference in the proceedings.
Fathers May Have To Prove That The Mother Is Unstable Or Unfit In Order To Win
The number one reason why mothers get custody between 85 and 89 percent of the time is that when the parents split up, the child or children initially go with the mother. If the child or children have been living with the mother, even if it is for a month or a few months, the courts will be reluctant to give temporary custody to a father, and the longer the child or children stay with the mother, the more likely it will be that the court will end up granting the mother a final order of full custody. This is an area where family law attorneys play a vital role in presenting the father’s case effectively.
If fathers don’t have a job and are broke, haven’t been paying child support, or live in a shelter, it is extremely unlikely that a New York Court will award them custody, unless the mother has very serious issues. A stable house and financial security are seen as significant factors when courts evaluate the best interest of the child.However, with access to strategic legal advice from a reputable family lawyer, fathers can be better prepared to address these barriers and present a compelling argument, even if it means investing a significant amount of money to secure experienced counsel.
If the child or children have been living with the mother for a period of time, especially if there has already been a final order of custody, sometimes the only way a father can win is to prove that the mother is either unstable or unfit. Unstable does not mean just having moved a couple of times. Unfit means that the mother is using drugs, is an alcoholic, has court findings of neglect, has multiple arrests and convictions, doesn’t take the child or children to doctor appointments, or the like. Legal counsel can provide essential guidance in gathering and presenting necessary evidence, especially when represented by experienced family law attorneys. Investing money in skilled legal advice can make a crucial difference in these cases.
Fathers Can Sometimes Win Custody When Mothers Consistently Disobey Court Orders
Fathers will have the burden of proof that a mother is unstable or unfit, and proof in the courtroom requires evidence, not just allegations. Having access to a knowledgeable family lawyer can assist in compiling a strong evidential framework, and sometimes this requires financial resources to gather credible evidence and expert testimony.
Even when mothers have prior orders of custody, they can still lose custody if they consistently disobey court orders, disregard the court-ordered visitation schedule, and in so doing, take away a lot of the father’s parenting time, or damage his relationship with the child or children. In these circumstances, fathers have better chances when there is already a joint custody order. A skilled family lawyer will have the expertise needed to effectively advocate for the father’s position and to challenge any infringement on his parental rights. Legal consultation may help ensure that all actions taken are in the best interest of the child while minimizing additional legal fees. A strong understanding of the child’s background and living property conditions can provide valuable insights during such consultations, especially when fathers are concerned about the money spent during litigation processes.
Courts Prefer To Keep Siblings Together.
However, if the child or children are older, and have expressed a strong preference for living with the mother, in my experience, New York Courts will seldom change custody, even with violations of court orders. This preference often stems from the child’s established background and familial bonds formed in their current home environment, which can be challenging to disrupt without substantial justification.
Quality Of The Relationship And Other Factors Courts Take Into Account
Sometimes, the father is only father to one child living with the mother, and this child has one or more half-siblings who live with the mother. In these situations, if all other things are equal, the court will be more reluctant to give custody to the father because this would separate the siblings. This is especially true if siblings are emotionally bonded to one another, sharing a common history and background that courts are wary to disrupt, unless there is a compelling reason substantiated by new evidence and supported by financial means to cover legal expenses associated with proving such a case.
Some fathers have very close relationships with their child or children. These close relationships can last for a lifetime. Other fathers exercise their visitation time by putting the child in a room with a television or video game, failing to foster a nurturing background of active engagement and involvement—a critical factor that can influence judicial decisions, especially when money is involved in arranging visitation logistics or activities.
Overall, navigating custody issues requires careful planning, legal consultation, and an understanding of the complex factors involved, including the financial aspects of pursuing a custody case, which must be considered by fathers aiming to achieve their desired outcomes.Guidance from a qualified attorney can make a significant difference in the outcome of these cases. Frequently, the pivotal question on many fathers’ minds is understanding what they might be doing wrong. In my experience, these fathers usually have no clue what they are doing wrong. In order to have a realistic chance of securing justice in a custody battle, a father should be involved in the child’s school and extracurricular activities, or at least try to be involved. Offices dedicated to family law provide crucial resources and expertise, enhancing one’s chances of securing a favorable settlement.
Sometimes Fathers Get Custody Because They Have The Right Judge
If a child has special needs, the father should make an effort to learn about these and be involved in the child’s care, understanding both their current and long-term health requirements. Fathers with substance abuse issues or past substance abuse issues seldom get custody of children, making it important to demonstrate the ability to provide stable care and assistance, reflecting positively on their home background and parental capacity.
New York Courts have a strong policy of being gender neutral and avoiding even the appearance of bias based on gender. However, in my 25 plus years of practicing in Family Court, I’ve often questioned why some judges are much more likely to award custody to fathers than other judges. We could all speculate as to why this is, but I am not fond of speculating.
It should go without saying, that if you are a father who is planning on fighting for justice and custody, you would be well served by hiring an experienced family law lawyer who has done many custody trials, and is very familiar with how to handle child custody cases with forensic evaluations, ensuring the best possible settlement. The support and expertise offered by such offices can provide an invaluable advantage in these complex legal matters.
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