What are Father’s Rights?
If you are a father and are getting a divorce, you are most likely very concerned about your child’s well-being. Fathers naturally want to ensure their child is in good hands and is being raised right. Fortunately, in today’s day and age, courts have moved past the old philosophy that it is inherently better to leave a child in the custody of his or her mother. However, historically, Long Island courts have favored the mother in most cases. If you are worried about the role you are going to play in your child’s life after a divorce, you may wish to learn more about the following:
How do New York courts determine child custody?
New York courts will base their decision off several relevant factors, including, though not limited to:
- How proper it would be for the child to remain with the primary caregiver
- Older children’s preferences and desires
- Your child’s age
- Who has been the primary caregiver
- The quality of each parent’s homes
- The bond you and your child share
- The relationship between you and your former spouse
- Your good faith in seeking child custody
- Your history with the child, and whether or not you pose any sort of a risk
Ultimately, courts will make their decision based on what they believe is the safest, most positive situation for your child going forward.
Physical Custody vs. Legal Custody
Couples getting a divorce need to know the difference between physical and legal custody. Physical custody relates to who the child will live on a full-time basis, whereas legal custody relates to a parent’s right to make important life decisions for his or her child. If you are a father, while you may want physical custody of your child, you must fight for legal custody as well.
If you have legal custody of your child, you can make decisions regarding his or her religion, education, extracurricular education, and, perhaps most importantly, medical care. Since ensuring your child’s well-being is your job as a parent, it would only make sense for you to want to have a say in the way his or her medical care is handled.
A positive male role model is very important to a child, so if you believe your chances of gaining custody are slim, or even just want the peace of mind knowing you have someone on your side, please do not hesitate to contact our knowledgeable and compassionate firm. We are always here to help.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-333.