When spouses divorce, New York courts usually presume that the child’s best interest involves constant, meaningful interactions with both parents. Under New York law, neither parent has a better chance of getting custody, which means that a father can win custody.
Child custody cases are decided on a case-by-case basis. Parents can work out a parenting schedule and submit it for approval. If the parents can’t agree, a judge will order custody after a trial.
Often, one parent gets primary custody and the other parent is awarded regular visitation rights. For instance, if before the parents separated the father was the “stay-at-home” parent, then the father would likely obtain primary custody.
At Stepanian Law Firm, our past clients recommend us as the best child custody lawyer for fathers. Our family law practice provides every client with dedicated, professional service and honest compassion.
How to Get Visitation Rights: The Best Interests of the Child Standard
When the judge orders child custody, they will determine what is in the child’s best interest. They will weigh all the circumstances, including but not limited to the following:
Which parent has been the child's primary caregiver;
Each parent's parenting abilities, strengths and limitations, and capability of meeting the child's special needs, if any;
The parents’ emotional and physical wellbeing;
Whether the family has experienced domestic violence;
Each parent's work schedules, childcare arrangements, and the distance between homes; and
The child's relationships with his or her brothers, sisters, and other family members.
The judge will consider the child’s wants, depending on the child’s age and maturity. Finally, the judge will look at the parents’ capacity to work together and encourage the child’s relationship with the other parent. You need to put your best foot forward if you want to win a custody dispute. Show the court that you can be a stable, responsible parent.
Reasons a Judge Will Change Custody
A judge will change custody orders only if you can show that there has been a substantial change of circumstances since the previous custody order. Examples of a substantial change might include:
One parent has moved out of state or several hours away,
A parent’s work hours or schedule has changed significantly,
A parent has abused or neglected the child,
A parent has developed a problem with substance abuse,
The child is having health or educational struggles,
One parent has not been complying with court orders,
The parents have been following a different schedule than the one originally ordered, or
The child wants the change (and is old enough for the court to consider their wishes).
If the court determines that a substantial change has occurred, they will reevaluate the original custody and parent time order and determine whether a change is in the child’s best interest.
Contact a Skilled Family Attorney
If you are want to know how a father win custody in NY? It may be time to reach out to an experienced New York family attorney. At the Stepanian Law Firm, we believe a child needs a relationship with their mother and their father, and we work hard to preserve these rights. We can advise you on preserving your visitation time if you and your ex can’t agree.
Attorney Ruben Stepanian provides compassionate counsel to parents in difficult custody disputes and works tirelessly to help you preserve your relationship with your child. Contact Stepanian Law Firm for a consultation to learn more about child visitation rights for fathers.