Despite the fact that law firms in New York sometimes market themselves as “Father’s Rights,” lawyers, parents actually have the same exact rights when it comes to custody and divorce in New York. Mothers, however, need to be aware that it is increasingly more common for fathers to seek split custody arrangements where the children spend half of their time with daddy.
Although you may have heard that the Court's are biased in favor of mothers, it is important to understand that the court will apply the legal standard of “best interests of the child,” when deciding child custody issues, and you must present your case properly as it relates to that standard. The days where women always receive custody of the children have long passed.
To maximize your time with your children in a custody case, you must be able to establish that your proposed custody arrangement is in the best interests of your children. So it is important that you hire a lawyer who knows how to handle custody cases, who can say no to a deal that is not good for your kids, and can demonstrate effectively why your proposed schedule is in the best interests of your children.
It is also important to hire a lawyer who understands how to obtain early and accurate financial information from the opposition, to support an application for child support and maintenance (formerly alimony), if necessary, while the case is pending and yet to be resolved.