The dissolution of a marriage in New York is a painful ordeal for two spouses, but it can become especially complicated when they have children and both parents desire full custody of the children. Unfortunately, fathers typically lose their child custody battles. This is true even when the fathers have virtually spotless records.

The truth is, however, that fathers have rights just as much as mothers do. Although some dads leave their spouses and children to start new lives with others, this is not the norm. Many dads love their families and strongly desire to be a part of their children’s lives as their children grow up.

Still, traditionally, mothers were seen as the most fitting parties to rear their children during the children’s formative years. Thus, the courts were allowed to rule in the mothers’ favor without considering the fathers’ rights during custody battles. On the contrary, today, fathers have equal child custody rights. However, exercising these rights can still take a little more effort for them than it does for mothers.

During a child custody battle in New York, courts consider several factors when deciding which parent will have primary physical custody of the children. These factors include the parties’ relative fitness, who the primary caretaker has been and which parent will more likely help to develop a relationship between the other party and the children. Other factors include the quality of the parents’ environments and the desires of the children if they are older. An attorney will strive for an outcome that is personally satisfactory for a parent while also being in the children’s best interests.

Source: goodmenproject.com, “3 Tips for Dads Who Want Full Custody of Their Children –“, Larry Alton, Oct. 29, 2017