One of the most contentious aspects of a divorce can be the decision about who should have custody of the children. Historically, New York law followed the “tender years” doctrine, which favored placing children in the physical custody of their mothers unless it could be shown that the mother was unfit. Although New York has done away with that doctrine, many fathers still find it challenging to win primary custody.

New York’s child custody laws require courts to determine what is in the child’s best interest. That means a judge considers several different factors when evaluating a custody arrangement, including but not limited to:

• The ability of each parent to care for a child
• Any parental health issues that would impact the ability to care for a child
• Each parent’s work schedule and their flexibility and time available to care for a child
• Which parent has historically been the child’s caregiver
• The child’s own preference for custody

Although joint custody arrangements are becoming more common, New York courts typically still award the mother primary physical custody.

For fathers seeking to obtain primary physical custody, there are several hurdles to overcome. First, fathers need to show that they play a significant role in the day-to-day caregiving for their child. Society often presumes that mothers are the primary caregiver for children in a marriage, and courts are often reluctant to suddenly change the primary caregiver after divorce. A father seeking primary physical custody will need to show that he has consistently been involved in all aspects of parenting.

A father also must show that he can provide a quality home environment for a child. Courts want to know that the father’s home will be a safe and supportive environment for the child and is in a location suited to accommodating the child’s life schedule, including school and extracurricular activities.

Of course, mothers have the opportunity to refute these arguments in an effort to show why they are better suited as a primary physical custodian of their child. If you are seeking primary custody of your child, you should consult an experienced fathers’ rights attorney or mothers’ rights attorney, as the case may be. A knowledgeable attorney can help you develop the evidence necessary to show that it is in your child’s best interest to reside primarily with you.

At Bombardo Law Office, P.C., I represent fathers and mothers in all aspects of custody and visitation cases. Please call my Syracuse office at 315-800-4002 or contact me online for a free initial consultation.