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Understanding a Father’s Rights in Custody Disputes

Updated January 13, 2026.

It can feel overwhelming when a father realizes his relationship with his child may be impacted by a custody dispute. Some dads worry that the court will automatically lean toward the mother, while others simply feel unsure about how the process works and what rights they actually have.

Even though every family situation is different, the law gives both parents meaningful opportunities to maintain strong, healthy relationships with their children. Read on and reach out to a knowledgeable Rochester child custody lawyer from Lacy Katzen LLP to learn more about rights and how our team can help protect you. Here are some of the questions you may have:

What rights do fathers have under New York custody laws?

Fathers have the same legal rights as mothers during custody cases; courts do not give preference based on gender. Instead, the focus is always on the child. Importantly:

  • Both parents have an equal right to seek physical and legal custody
  • Courts must evaluate each parent’s ability to meet the child’s needs
  • A father can petition the court for joint or sole custody
  • Parenting time schedules should be built around the child’s best interests

Fathers can also request temporary custody orders if immediate structure is needed during the early stages of a divorce, which can set the tone for the rest of the case.

How do courts decide what arrangement is best for the child?

Courts use the best interests of the child to decide custody. This means that judges look carefully at how each parent supports the child’s overall well-being. Courts in New York will typically consider the following:

  • The strength of the child’s bond with each parent
  • How well each parent can provide stability to the child
  • Each parent’s work schedule
  • The child’s educational needs
  • Any history of domestic issues or unsafe behavior
  • Whether each parent encourages a relationship between the child and the other parent

Fathers often play active roles in their children’s daily lives, and courts do take that involvement seriously. Simple things like showing up on time for school drop-offs or being available for extracurricular activities help prove a father’s commitment in the eyes of the court.

What steps can fathers take to protect their custody rights?

As a father, you can benefit from taking practical and well-documented steps during a child custody dispute. Some of the most important steps you can take are as follows:

  • Keep detailed records of the time you spend with your child
  • Save all communication that shows cooperation with the other parent
  • Maintain a stable home environment
  • Stay active in your child’s daily routines
  • Avoid unnecessary conflict or heated exchanges
  • Follow temporary custody and other orders as closely as you can

It’s also good to express your goals early on, such as whether you’re seeking joint custody, expanded parenting time, or a detailed holiday schedule. Being upfront can help the court craft a plan that reflects your child’s needs.

If you have additional questions or would like to speak with a knowledgeable New York family lawyer about your case, please contact Lacy Katzen LLP today.

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