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Mother’s Don’t Always Get Custody in Nassau County & Suffolk County Court

Father's Rights in Child Custody on Long Island NYAs Divorce and Family Law Attorney practicing primarily in Nassau and Suffolk Counties on Long Island, New York, I meet many fathers who suffer from the common misapprehension that the mother always gets custody.  This is simply not the case.  The court takes the following into consideration when deciding custody of the child:

  • The best interest of the child or children;
  • Who was the nurturing parent;
  • Who has been the primary caretaker of the child;
  • Does the child have a preference between the parents as to who he or she wishes to live with;
  • Each of the parents’ ability to provide for the child’s needs;
  • The child’s age and current lifestyle;
  • Whether there is an emotional bond between the child or children and the parent;
  • The stability of each of the parents of the child;
  • The father’s and the mother’s ability to spend time with the children (this takes into consideration employment and other issues that would keep each of the parents away from the child);
  • Both the child and the parent’s physical capabilities and mental health (this deals with issues involving either the child or parent having a disability);
  • Is there any history of child abuse or domestic violence between the parents?

What’s in the Best Interest of the Child

The court ultimately will decide what is best for the child. A father is just as capable of obtaining custody of a child as a mother is, however, regardless of who is awarded custody, courts usually prefer for parents to have liberal access to their children.

Not only should the father have access to his children, but also he should have access to the child’s teachers, doctors and other medical providers. In addition, the father has the right to attend school functions, have access to his child’s grades, and should be allowed to attend sporting events their child is playing in.  He may also have input in the religious and social upbringing of the children.

Contact Us for More Information

If you have any questions regarding a Father’s Rights in Child Custody or Support cases, give us a call at 631-923-1910. The divorce law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your options. We are here to help you.