Fathers in New York have Equal Rights to Custody of Their Children

May 29, 2026 By

Fathers in New York have Equal Rights to Custody of Their ChildrenBoth parents are encouraged in divorce cases to remain active in their children’s lives. Each of them should facilitate the equal rights of the other parent regarding issues concerning child custody, visitation and decision making.

The Secondary Parent

Sometimes the fathers are looked at as the secondary parent and not given active roles in their children’s lives. Fathers’ legal standing should be established early, especially in situations where the parents are not married.

Parents Plans

Parenting plans should be established in custody matters detailing time schedules, parental responsibilities and how decision-making authority will be resolved. Fathers need to be pro-active to ensure their rights are respected and acknowledged. A consultation with a father’s rights lawyer can provide fathers with the necessary tools to effectively negotiate with the other parent, retain their relationship with their children and see to it that their rights are protected.

Equal Rights to Custody

Fathers in the State of New York have equal rights to custody and parenting time to maintain relationships with their children. If you find yourself in a situation where the other parent is not promoting your interest in the children’s lives or bad mouthing you to the children this can have a negative impact on your relationship with your children. Consulting with a father’s rights attorney may help you understand what your remedies and methods of dealing with this situation are.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Family Court Orders of Protection And Father’s Rights

May 6, 2026 By

Father’s RightsIn the State of New York most Orders of Protection cases are brought in the Family Court. The purpose of Orders of Protection are to help individuals be protected from abuse, harassment, threats and/or stalking by intimate partners or family members. The Orders of Protection in the Family Courts are civil proceedings. Violating a Family Court Order of Protection can result in criminal contempt charge, which is a felony.

The Order of Protection

An Order of Protection is a Court Order that limits one party’s contact with another party. Sometimes the Court Orders have stay away provisions. Sometimes the Order does not allow any contact between the parties. Other Orders of Protection allow the parties to share a residence. The purpose of Orders of Protection are to reduce the potential for harm and to protect an individual. Sometimes Orders of Protection are referred to as a Protective Order, Stay Away Order or Restraining Order.

The Father’s Rights and Orders of Protection

There should be a uniform standard as to who gets an Order of Protection. However, that is not always the case. The Judges are sometimes more inclined to give Orders of Protection to women based on minor allegations or false allegations. Sometimes Orders of Protection are improperly used in child custody situations to prevent a father from getting custody of the children. If you are on the receiving end of an Order of Protection, be advised that these Orders can be challenged. You should be careful not to consent to an Order of Protection. The violation of an Order of Protection can cause one to be arrested and charged with a crime. Should you be served with a Petition for an Order of Protection it is in your interest to immediately contact an attorney who is experienced in dealing with the issues involving challenging these Orders of Protection.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Video : Denial of an order of protection a mother sought to seek, sought to obtain, actually, against a father

April 30, 2024 By

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Father’s Rights In New York Family Court

November 28, 2023 By

Father’s Rights In New York Family CourtIn the Family Courts of New York, Fathers have equal rights with regard to issues concerning child custody and visitation of their children. After it is established who the Father is, the child then receives rights to inherit from the Father and the child can participate in the Father’s health insurance plan.

No Preference Between Mothers And Fathers And Family Courts

In Family Court in New York, the issues concerning who receives child custody, whether it be the Father or the Mother is determined by what is in the best interest of the child. Neither the Father nor the Mother receives any type of preference with regard to issues concerning who shall receive custody.

Being Married or Not Married Doesn’t Usually Matter

Whether parents are married or not is usually not an issue in determining custody. Custody determinations in the state of New York can be made either by the Family Court or the Supreme Court. In divorce cases, which take place in the Supreme Court, a Judge can make rulings on custody. Custody cases in the Family Court can be brought by people who are married or unmarried. The Family Courts in the state of New York have simultaneous jurisdiction concerning issues of custody with the Supreme Court.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Mother Denied An Order Of Protection Against The Father

November 3, 2023 By

Mother Denied An Order Of Protection Against The FatherIn a case in Oneida County, New York before a Judge F. Christopher Giruzzi, a Mother sought to modify a prior order giving the minor child of the parties’ custody to the Father. She alleged there had been a change in circumstances. She claimed the Father did not permit unfettered telephone access with the child. She also claimed the Father made disparaging remarks about her while the child was present. She claimed all of the aforementioned allegations were in violation of the prior order of custody.

Allegations Of Harassment Against The Father

The Mother, in addition, sought an order of protection against the Father. She alleged he committed a family offense of harassment against her. The allegations were simply that he comes to the home for exchanges, and we are “very uncomfortable”.

The court ruled the Father will continue to be the sole residential custodial parent of the child. The judge set a specific schedule to eliminate extensive communication between the parties.

The court found the Mother, being “very uncomfortable” does not constitute a family offense which would require, or be the basis for, an order of protection against the Father.

Conclusion

The Mother in this case simply wanted to change residential custody from the Father to her. She didn’t present a reasonable argument for there to be a change in custody.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Father Granted Downward Modification Of Child Support

May 17, 2023 By

Father Granted Downward Modification Of Child SupportIn the case before support Magistrate Sandra Mendelson-Toscano, sitting in the Family Court of Nassau County, a father filed a downward modification of child support petition asking that his child support obligations be reduced. The parties had previously been divorced and there were two children of the marriage. Upon receiving the downward modification child support petition, the mother filed an enforcement action against the father. She alleged he failed to pay child support payments in a timely manner.

THE TRIAL AND THE COURT’S DECISION

There was a joint trial held before Support Magistrate Mendelson-Toscano. She ruled since the father’s income had decreased by more than 15% since the previous child support order had been made, he was entitled to a downward modification of his child support payments. She thereafter entered a decision modifying his support obligations retroactive to the date he brought his child support downward modification case. In addition, the support magistrate ruled the father was entitled to credit for child support payments he made and a dollar for dollar credit for room and board payments he made while his son was attending college.

However, even though the father’s child support payments were reduced and he received some credits, the Support Magistrate found he still owed child support arrears to the mother. Therefore, Support Magistrate entered a non-willful finding ordering the father to pay mother’s attorney’s fees since he had failed to comply with the condition precedent as set forth in the prior child support order.

CONCLUSION

In this case the father won on some issues but was still forced to pay the mother’s attorney’s fees.

p>schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

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Happy Thanksgiving

November 25, 2021 By

Happy Thanksgiving 2021

This Thanksgiving, we are immensely grateful, that with all the changes in our world, we have friends and family with whom we can gather. Let us take time this year to live in gratitude for the bounty we experience all around us.

Filed Under: Fathers Rights

Mother’s Relocation Denied; Fathers Granted Custody

November 9, 2021 By

Mother’s Relocation Denied; Fathers Granted CustodyIn this case a Mother appealed from an Order granting Father’s application to change a prior custody order. The Mother and Father has joint legal custody of the parties child. Mother was the primary residential custodial parent. Father had parenting time with the child.

Mother Seeks to Relocate

Mother brought an application to relocate with the child. She sought to move to West Virginia. She claimed her new husband lived there. Father brought a cross petition requesting he be named as the primary residential custodial parent of the parties child. The Family Court denied Mother’s relocation application. They also granted Father’s request for primary physical custody. The Family Court found the Mother gave little attention to the impact the relocation of the child would have on the child’s relationship with her Father. The court also found there was no evidence supporting her claim the relocation of the child to West Virginia was based on an improved financial circumstance that would exist in West Virginia.

The Appeals Court Decision

The Appeals Court in their decision stated the Family Court’s findings were supported by a sound and substantial basis on the record. The determination by the Family Court judge denying Mothers request to relocate with the child was affirmed. The Appellate Court found the Father could financially support himself and the child. The Court found he maintained a suitable residence to live in with the child. The Court took into consideration the Mother was financially dependant on her present husband. They also noted Mother had previously relocated. The Appeals Court held the Family Court did not make a mistake in awarding the Father primary residential custody of the parties child.

Conclusion

In this case, both the Judge in the Family Court and the Appeals Court agreed the Father was the proper parent to have primary physical custody of the parties child. This case is a good example of a Father asserting his equal rights to have custody of his child.

schlissel-headshotElliot S. Schlissel, Esq. has been helping fathers obtain custody of their children for decades.

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Father Given More Time With The Children

November 3, 2021 By

Father Given More Time With The ChildrenIn a case before Judge Jeffrey Sunshine, who sits in Kings County New York, a father brought an application to modify a parenting time agreement. There were two teenage children of this marriage. The parties had joint custody of these children. One child was 13 years old and the other was 17 years old.

Fathers Economically Superior Situation

In this case the Father had a significantly better economic situation. The children desired to spend more time with their father than with there mother. As a result of this Judge Jeffrey Sunshine granted the father’s petition to have residential parenting time changed to two weeks in a row with him and one week with the mother.

The fathers work situation had changed and he was able to spend more time with the children. The father had also remarried. The children had developed a close relationship with his new spouse. The children also appreciated their father was able to provide them with a large home, a pool and resources which allowed them to have pleasant vacations.

The court also found the father and mother who had joint custody had no relationship whatsoever. Therefore they could not continue to have joint custody of the children.

Conclusion

This is an excellent decision with regard to the issue of fathers rights.

schlissel-headshotElliot S. Schlissel is a fathers rights lawyer who has been helping fathers obtain custody

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Happy Halloween!

October 29, 2021 By

Happy Halloween

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