Do fathers have the same rights as mothers in divorce?

One common misconception is that divorce courts and judges are still stuck under the notion that mothers automatically have more parental rights than fathers do. This is not the case and courts have moved past the traditional gender and parenting roles that were once very present in society. It is important to be aware that both a father and a mother have an equal opportunity to have custody and make decisions as a parent. However, if the court determines that one parent is “unfit,” the situation may be a little different. Keep in mind that the court determining whether a parent is unfit has nothing to do with whether they are the child’s mother or father.

The court may determine that a parent is “unfit” and should not have physical or legal custody of the child if that parent is involved in criminal activity, drug use, or other activity that may pose a risk to the wellbeing of the child. The court is always going to rule in the child’s best interests and will determine what those may be depending on the facts surrounding the case.

So, the bottom line is this: New York’s court system simply does not care whether you are the child’s mother or father. They only care about who will do a better job acting as a parent for the child. If you have questions about custody or parental rights, contact our firm today.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.