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Fathers Have Equal Rights To Obtain Custody of Their Children

father's rights lawyerCan a father realistically obtain custody of his children in New York? Are custody cases open and shut with a pre-conceived vision by the judges that mothers are always the superior parent? Does the law in New York recognize a mother should get custody of her children unless the father can show she is an unfit mother? Are children better off being raised by their mother? The answer to all these questions is NO! Fathers in New York State have equal rights to obtain custody of their children. The laws do not favor mothers! The laws in New York concerning custody are gender neutral.

Who Decides Custody Cases?

The short answer to this question is, a judge. There are no jury trials in custody cases. All child custody cases are resolved by judges. There are two courts in the State of New York that deal with child custody issues: the Supreme Court and the Family Court. The Supreme Court and the Family Court both have jurisdiction to deal with custody issues. Supreme Court judges resolve custody issues in divorce cases. Family Court judges resolve custody issues in situations where the parents are not married to each other or if the parents are married when one of the parents, who initiates the proceeding, elects to go to the Family Court and resolve the issue of custody.

Custody and Child Support

The parent who is awarded custody by either a Family Court judge or a Supreme Court judge is entitled to child support from the other parent to help him or her support the children.

Custody Litigation: Winners and Losers

The large majority of custody cases are resolved without trials. In most situations, the parents of children, working in conjunction with their attorneys, settle custody issues. A common way of resolving custody disputes is for both parents to have joint custody. However it should be pointed out, even in joint custody situations there is one residential custodial parent and the non-residential custodial parent must pay child support to the residential custodial parent.

Sole Custody

Sole custody is where one parent has exclusive custody of the children. The other parent has visitation with the children (now referred to in the politically correct term of parenting time). In sole custody situations, the residential custodial parent has control over his or her children’s lives and makes all major decisions on behalf of the children.

Custody Litigation Can Be Emotionally Charged

If you are involved in a custody dispute or your spouse is preventing you from seeing your children, you need the most experienced, well versed attorneys you can find. The lawyers at the Law Offices of Schlissel DeCorpo, for more than 35 years, have been helping fathers obtain custody of their children and also obtain extensive parenting time with their children when the mother is the residential custodial parent. Our phones are monitored 7 days a week. Call us if you have a problem.custody assistance for parents

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.