In New York, the law no longer accords a preference to mothers in child custody decisions. However, fathers often face an uphill battle due to courts’ lingering prejudices that assume mothers are more naturally inclined to care for their children. Fathers seeking to assert and preserve their rights in child custody and visitation cases must adopt strategic measures that emphasize their active involvement and commitment to their children’s welfare. 

The following are some tested ways in which fathers can make a compelling case for joint custody:

First and foremost, fathers should be able to show that they can serve as the child’s primary caregiver when needed. This means demonstrating participation in all aspects of parenting, both in and out of the home. For example, taking the child to medical appointments, helping with homework, attending parent-teacher conferences and being present at extracurricular activities. Regular participation in these aspects of their children's lives underscores a dedication to their well-being and development and shows that the father is as able as the mother to meet the children’s needs.

Another determinative factor is the quality of the home environment the father can provide. This means showing that the father’s home is conducive to the child’s physical, intellectual and emotional well-being. The court will take into account the home’s overall condition, the adequacy of the child’s bedroom, play and study areas, the quality of the school district and other relevant factors. 

The father’s financial stability, such as holding a steady job and having good creditworthiness, is another factor that courts consider. Being able to offer a secure and consistent living situation reassures the court that the child’s well-being will be protected in the father’s care. This is separate and apart from demonstrating the ability to shoulder the father’s share of child support.

Making a strong custody case for a father also demands showing a willingness and ability to work in concert with child’s mother in promoting the child’s well-being. By extension, this means not saying anything to discredit the mother, even though you are in some sense competing for custody rights. You should accentuate the strengths you bring to the table while not disparaging the mother.

Be prepared to prove your case for custody through documentation and credible witnesses. It’s advisable to keep a journal of your parenting activities, highlighting important events in which you’ve participated, and retain other relevant documents and communications. You should also seek out people who may be willing to testify about your participation as well as your character and dedication.

An experienced New York fathers’ rights attorney can assemble the essential evidence and present it effectively with a view toward reaching a child custody arrangement best suited for the unique circumstances at hand.

At the Bombardo Law Office, P.C. in Syracuse, I advise fathers of their rights under New York law and advocate for them in custody and visitation matters. Please call 315-800-4002 or contact me online to schedule an appointment.