Do fathers have the same rights as mothers in divorce?

Contact Us Today!

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. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

Recent Blogs


Contact Us Today!