The Courts in the State of New York, both Supreme Court and Family Court primarily consider the best interests of the child in any custody determination. This means that the court will make a decision about custody based on what is believed to be in the child's best interests, rather than simply awarding custody to one parent or the other based on who earns more or based on gender. Factors that may be considered in determining the best interests of the child include the child's age, health, and emotional ties to each parent, the capacity of each parent to provide for the child's needs, and the ability of each parent to provide a stable and nurturing environment for the child.
It is important to note that there is no presumption in favor of either the mother or the father in custody determinations in New York State. Both parents have an equal opportunity to seek custody of their children and to present evidence to the court to support their custody request. No two cases are exactly alike and specific facts and circumstances will vary and potentially affect the outcome of a case.
If you are a father seeking custody of your child in New York, call us at Law Offices of Mindin & Mindin to speak with an experienced family law attorney who can advise you on your options based on your unique circumstances and help you to present your case to the court in the most coherent and It is also a good idea to try to work with the other parent to reach a mutually satisfactory custody arrangement, if possible, as this can often be the most positive outcome for all involved, including the child. If that is not possible, or you are seeking to put your plan into writing, please contact us at 888-501-3292 for a free phone consultation regarding your New York State Custody and Visitation matter.