From an historical prospective, mothers have been given the benefit of the doubt with regard to who would receive custody of the children. Today, however, this is not the case. Fathers are winning more and more custody cases. The courts can no longer assume the mother is the more appropriate parent to have custody of the parties’ children. The law in New York is gender neutral. In more and more custody cases the courts are carefully weighing the children’s best interests. This has led to fathers receiving custody in a larger percentage of the litigated custody cases.
Joint Custody vs. Sole Custody
If one parent is awarded sole custody by the courts in New York they have complete authority with regard to making all significant decisions in the children’s lives. In joint custody situations both parents have access to the children and both parents are supposed to communicate and cooperate with each other regarding significant decisions concerning the children’s lives. However, even in joint custody situations one parent is the residential custodial parent and the other parent is the non-residential custodial parent. The children live with the residential custodial parent. They attend schools located near the residential custodial parent’s home. In cases of joint custody sometimes one parent is given the ability to be the tiebreaker should the parents disagree on a particular issue involving the children’s health, education and welfare.
Equal Time with the Children
Our office strives to provide fathers whether they are the sole custodial parent or in joint custody situations with the ability to spend as much time as is practical with their children. Fathers are a resource for their children. Children who have two loving parents develop better than children who only have limited access to one of their parents. Fathers provide children with a unique prospective to help them turn into well rounded individuals.
The law firm of Schlissel DeCorpo LLP have more than 100 years of combined legal experience in representing fathers in custody cases, support proceedings, downward modifications of child support, changes in custody proceedings and visitations proceedings. Our office offers free consultations and our phones are monitored 7 days a week. We can be reached at 516-561-6645, 718-350-2802 and 631-319-8262. We have offices in Nassau, Queens and Suffolk Counties. You can e-mail us at Elliot@sdnylaw.com.