Fathers in New York often worry that they will be at a disadvantage in custody cases, but state law is clear: both parents have equal rights. Courts do not automatically favor mothers. Instead, judges focus solely on the child’s best interests. If you are a father involved in a custody dispute, knowing your legal rights can help you protect your relationship with your child and navigate the process with confidence.

Equal Standing Under New York Law

New York family law treats mothers and fathers equally. Neither parent is presumed to be the better caregiver. As a father, you have the same opportunity to seek physical custody, legal custody, or a shared arrangement. The court evaluates each parent based on stability, involvement in the child’s life, and the ability to provide a safe, nurturing environment.



Right to Seek Custody and Visitation

Fathers may seek:

• Sole custody when one parent is better able to meet the child’s needs.
• Joint custody when both parents can cooperate in shared decision-making.
• Parenting time/visitation to ensure ongoing involvement in the child’s daily life.

New York courts recognize the importance of both parents maintaining meaningful relationships with their children. Even if a father does not obtain primary physical custody, he is still entitled to structured visitation unless there are safety concerns.

Right to Be Involved in Major Decisions

Legal custody refers to decision-making authority over significant aspects of a child’s life—such as education, medical care, and religious upbringing. Fathers have the right to request sole or joint legal custody, depending on the situation. Joint legal custody is common when parents can communicate effectively.

Right to a Fair Custody Evaluation

If a custody evaluation is ordered, you have the right to a fair assessment. This process may include home visits, interviews, and reviews of each parent’s involvement. Fathers should be prepared to demonstrate:

• Consistent involvement in the child’s daily routines
• A safe and stable home
• Positive communication with the co-parent

Right to Challenge Bias

Although the law provides equal treatment, some fathers feel they face unfair assumptions. You have the right to challenge any indication of bias and present evidence showing your commitment to your child’s well-being.

Right to Seek Modification

Custody arrangements are not permanent. If circumstances change—such as a parent’s relocation, unsafe behavior, or a shift in the child’s needs—fathers have the right to seek a modification of custody or visitation orders.

Right to Legal Representation

Custody cases involve complex laws, intense emotions, and long-term consequences. Having an attorney can make the process less overwhelming and ensure your rights are protected.

At Law Offices of Harjot Singh P.C., we help New York fathers understand their rights, advocate for fair treatment, and pursue custody arrangements that support strong, healthy parent-child relationships.