Dedicated Rensselaer County Fathers’ Rights Attorney Assisting Clients in New York State
Under New York law (DRL Section 70) there is no presumption about one parent’s right to custody of the child over another. However, fathers in Rensselaer County often are denied custody when they cannot come to an agreement about shared legal and physical custody of the child with the child’s other parent. At The Colwell Law Group, LLC, we recognize how emotionally difficult a child custody battle can be, no matter what your circumstances might be. These cases become even more emotionally charged when a father is denied physical custody of the child simply because he was the primary earner in the family and therefore was not the child’s primary caretaker during the marriage.
When the court makes a decision about child custody, New York law (DRL Section 240) requires the court to determine what is in the best interests of the child. A number of the factors that the court can consider may unfairly prejudice fathers seeking custody, but a Rensselaer County fathers’ rights attorney can help you to fight for an equitable and just child custody order.
Understanding How Child Custody Works in Rensselaer County
To better understand just how important a fathers’ rights lawyer can be in your child custody case, it is important to get a sense of how child custody proceedings work in New York State. In general, the court will award custody in one of the following ways:
Joint legal and joint physical custody;
Joint legal and sole physical custody;
Sole legal and joint physical custody; or
Sole legal and sole physical custody.
Legal custody refers to a parent’s right to make important decisions about the care of the child (such as medical care), as well as important decisions about the child’s upbringing (such as the child’s religion). The child does not need to live with both parents in order for the parents to share legal custody. However, if one parent is awarded sole legal custody, then that parent alone has the right to make all important decisions about the child’s upbringing and care. Physical custody refers to residential custody, or who will be responsible for the day-to-day physical care and supervision of the child. When one parent has sole physical custody, the other parent typically will have visitation.
“Best Interests of the Child” Factors Are Not Always Fair to Rensselaer County Fathers
How does the court make its decisions about legal and physical custody? It will weigh a number of different factors to decide what is in the “best interests of the child,” many of which are not always fair to working fathers who were married to stay-at-home moms during the course of the marriage. Some of those factors include:
Which parent has served as the child’s primary caretaker;
Quality of each of the parent’s home environments;
What kind of “fit” each parent is for the child’s health, well-being, and general upbringing;
Where the child currently lives;
How long the child has been living in the current location;
Each of the parents’ abilities to provide emotional support for the child;
Each of the parents’ abilities to provide intellectual support for the child;
Ability of each of the parents to encourage or allow the other parent into the child’s life;
Child’s preferences, if the child is old enough to make such decisions; and
As you might be able to imagine, several of these factors tend to weigh in favor of child custody for a stay-at-home mom, especially if the child still lives with his or her mother in the marital home. Yet it is important to keep in mind that the court weighs these factors, and usually a single factor alone will not decide the case. As such, it is extremely important to have a fathers’ rights attorney in Rensselaer County on your side to show that you being awarded child custody is indeed in the child’s best interests.
Contact a Rensselaer County Fathers’ Rights Attorney
Do you need help with your child custody case? A fathers’ rights attorney in Rensselaer County can assist you. Contact The Colwell Law Group, LLC today.
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Through a yearlong and difficult divorce, Anthony Sokolowski was a skilled attorney who helped me navigate the most... challenging aspects of a divorce and custody battle. He was on top of things throughout, always patient and empathetic. When things got tough he was a strong defender and he had embodied my situation when I needed him to do that.read more
I retained Attorney Anthony Sokolowski for my very difficult and complicated divorce and custody case. Anthony was not... only knowledgeable but personable and I never felt alone throughout process. Anthony was always honest and genuine with me, he was always available and made me feel safe in the fact that he was fighting for my and my child’s best interest. I worked with Anthony for over a year and this held true throughout entire time. We ended with getting what I asked for and the best possible outcome for myself and my child.I highly recommend Anthony Sokolowski for any family law needs.read more
I was referred to this Law Group from a local office and I'm glad I followed through. I was represented by Kyle who... was professional, responsive, and easy to work with. I felt very comfortable with his representation. Thank you....Carmel Reillyread more
My experience was truly enlightening and very welcoming! I spoke with Kito who instantaneously related with my... situation and assured me that the firm could help me and I believe him. Five stars all around. It’s nice to meet people who have the same compassion for fathers rights and actually love to help instead of just pushing papers through. Thanks For all the information and encouragement Kito .read more
From the very first call, this law firm has been nothing short of exceptional. My family is working with Kyle, who... consistently provides support, dedication, responsiveness, and who utilizes his experience to help us navigate family court and custody. Every interaction is professional, and I would highly recommend the Colwell Law Group.read more