Are Mothers More Likely to Get Child Custody in NY?

During a child visitation, a young child focused on drawing with colored pencils while lying on a couch, with an adult sitting beside her, observing her artwork.

As a parent, you want to raise your child and spend a great deal of time with your child. Unfortunately, one parent typically spends more time with the child regarding child custody. That said, there is a presumption that mothers are more entitled to child custody than fathers here in New York State. Please continue reading and contact a skilled Nassau County divorce lawyer from Barrows Levy PLLC today to learn more about how child custody works in NY and how our legal team can help you. Here are some of the questions you may have:

Are mothers more entitled to child custody than fathers in NY?

Historically, mothers have been more likely to get custody of their children than fathers. Though courts are supposed to be “gender blind” and consider each parent equally, custody decisions still tend to favor mothers. However, if a father can prove that it would be in a child’s best interests for him to have joint or sole custody of the child, courts may rule in favor of the father. Rather obviously, if you’re trying to get custody of your child, hiring a competent attorney is paramount.

What do courts consider when determining a child’s best interests?

Courts will consider various factors when determining a child’s best interests. Just some of those factors are as follows:

  • The bond each parent has with a child
  • The role each parent plays in raising the child
  • Whether each parent can provide the child with a safe and stable home
  • The child’s needs
  • The geographic proximity of each parent’s home
  • Whether either parent poses a threat to the child, such as by having a substance abuse issue or a history of domestic violence
  • If the child is old or mature enough, whether he or she has a preference
  • Any other factor the court deems relevant

Our legal team is dedicated to fighting for the best possible outcome on behalf of your child, and we will do everything in our power to help ensure your child’s future is protected. Pick up the phone and give our experienced Nassau County child custody lawyer a call today so we can begin working on your case.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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