Do Men Ever Get Primary Custody of a Child? | Garden City, NY Fathers’ Rights Lawyers?

father with full custody of child

When you have children with someone and your relationship changes, understanding how custody will impact your life is essential. As a father, you may be concerned with your probability to receive full custody based on previous biases. However, this is not the case anymore in New York. If you’re a man with children fighting for parental rights, you’ll want to keep reading to learn more about custody and discover how a Nassau County fathers’ rights lawyer can help represent you in a court of law.

Are Women More Likely to Get Custody?

In the past, it was much more likely that women would receive primary custody of the children while the men would only get infrequent visitation hours. However, over the past few decades, this has shifted significantly and is no longer the case.

New York decides who will receive guardianship by looking at each situation on a completely even level without any gender bias towards one parent. This means each judge will examine the circumstances and decide custody based on the factors influencing the child’s best interest. However, many courts will try to create a shared agreement. In some circumstances, the father may get primary custody of the child if it is in their best interest. Some reasons that fathers may get full custody include:

  • There is abuse from the mother
  • The mother suffers from mental illnesses
  • There is neglect of the child’s basic needs
  • There is evidence that the mother suffers from substance addictions
  • The mother is incarcerated

What Are the Different Custody Agreements?

When possible, the courts will attempt to create a shared arrangement for parents to ensure the child can see both parents if that is in their best interest. Generally, a joint agreement is described as the child spending equal time with each parent.

However, parents may also agree to co-parent their child as if they were still living together, even if one has primary physical custody. This allows both parents to have an equal say on upbringing, discipline, education, and medical treatment. This agreement is referred to as legal custody, which grants both parents the ability to make decisions, despite courts often granting one parent the legal permission to make the final decision.

Do I Need an Attorney?

If you’re a father looking to receive primary custody of your child, navigating this legal battle without the assistance of an attorney can hurt your chances. A lawyer can help guide you through the process and examine evidence that may prove your child’s mother is unfit to hold primary custody of your children.

At Barrows Levy, we’re dedicated to fighting for your rights as a father. We have the experience necessary to protect your parental rights. We will do everything we can to place your child’s best interest above everything else. Contact us today to schedule a free consultation with one of our competent attorneys.

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