Child Custody for Fathers

Men often do poorly when dealing with the Family Court or the Supreme Court in child custody and visitation matters. Courts make their decisions, in theory, on what is in “the child’s best interest” when deciding custody and visitation matters. However, my experience in handling custody matters for more than 32 years has shown that it is difficult for men to obtain custody of their children.

"Child's Best Interest:" What Does This Mean?

There are numerous factors taken into consideration by a court when determining what course of action is in a child’s best interest. The court looks into each parent’s ability to deal with the child’s needs, the child’s age, the child’s gender, the work schedule of each parent and which parent has been the primary nurturer in the past. The courts also look into the emotional ties between each parent and the child and the stability of each parent’s living situation. Furthermore, courts also consider which parent the child seeks to live with.

Changes or Modifications in Custody

If child custody and/or visitation arrangements have not worked out, the non- custodial parent can bring an application to either the Family Court or Supreme Court to modify the child custody arrangements (if the parties have remarried). If both parties consent to the change in custody, the courts will generally rubber stamp the change.

In the event the parents are not in agreement regarding the change of child custody, the parent seeking to modify the custody arrangements must show a significant change in circumstance involving the child’s life. The change of circumstances must be some event or situation that impacts on the stability of the child’s day to day life. This can involve the custodial parent acting inappropriately regarding the child or the introduction of another individual into the family situation of the custodial parent that upsets or creates problems for the child.

If a child custody modification proceeding is brought, the courts will generally appoint an attorney to represent the child. The attorney that represents the child used to be called a law guardian.

Child custody proceedings are difficult and technical in nature. Should you, a friend or loved one be facing a proceeding, it is important to have experienced attorneys representing you. The Law Office of Elliot Schlissel has been handling child custody modification proceedings for more than 32 years. Feel free to call us to discuss your situation at 1-800-344-6431.

With offices in Lynbrook, Queens, and Suffolk County, The Law Office of Elliot S. Schlissel represents clients throughout New York, including Nassau County, Suffolk County, Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Westchester County, Long Island and surrounding areas. Visit our contact page or feel free to call toll free, any time, day or night, at 1-800-344-6431 or contact us at 718-350-2802. You can also reach us in Nassau County at 516-561-6645.

We make clients a priority, treating each client with dignity and respect. When you seek our help, you have our assurance that your private and sensitive legal matters will be handled with the utmost discretion.

Read our related articles:
A Father Has Rights
Child Custody & Visitation
Parental Alienation
Protecting Your Right To Visit and Participate in Your Child's Life

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