Father’s and Mother’s Rights
Long Island Parental Rights Lawyer
The law is written in such a way that a mother and a father start with an equal right to parent their children and be the custodial parent regardless of their gender. Each family, parent, and child is different, and therefore each case must be assessed individually by a judge in order to determine who will be the most appropriate custodial parent. A judge will consider many factors including but not limited to the following:
- The child’s age and gender
- who has been the primary caretaker of the child in the past (if any)
- Each parent’s future availability to care for the child
- Each parent’s work schedule, income, substance abuse history, child protective services history, and use of corporal punishment
- Child’s preference of caretaker
- Any special needs of a child
- Involvement of child with paramours
- Siblings of either whole or half-blood and stepsiblings
- The amount of time each party spends with a child
- The activities each party engages in with the child
If you believe that you would be the more appropriate custodial parent and your spouse does not agree, then you must seek the assistance of an attorney with experience in this area of law to develop a proper legal strategy from the very beginning of your case. This is especially true for fathers because although the law is written neutrally, there are often certain stereotypes that must be overcome. For example, perhaps you have been working full-time while the child(ren)’s mother was not. This is a fact that must be considered and accounted for in your legal strategy very early on in your case. Failing to do so will only result in spending unnecessary legal fees pursuing a flawed legal strategy, protracted uncertainty in your child’s life, and significant delay in the resolution of your case.
We will analyze the specific facts of your case and develop the strongest legal strategy to obtain your desired result. We will assist you in organizing the facts and presentation of your case in the manner most likely to convince a judge that your position is what is best for your child(ren).