In New York, fathers have the same legal rights to custody and parenting time as mothers. The law gives neither parent an automatic advantage; custody is decided based on what is in the child’s best interests. For many fathers, the first step is being recognized as the child’s legal father.
This guide covers how paternity is established, how custody and parenting time are decided, how child support works for fathers, and what to do if you’re being kept from your children.
Step One: Establishing That You Are the Legal Father
You can’t ask a court for custody or parenting time as a father until you are the child’s legal parent. How that happens depends on whether you were married to the mother.
If you were married to the mother
- A husband is presumed to be the father of a child born during the marriage.
- You generally don’t need to take any extra steps to be the legal father.
- You can challenge the presumption in court in some circumstances.
If you were not married to the mother
- Acknowledgment of Paternity: both parents sign a voluntary form, often at the hospital after the birth. It has the same effect as a court order.
- Order of Filiation: either parent can file a paternity petition in Family Court, and the court can order genetic (DNA) testing.
- Once paternity is established, you can seek custody and parenting time, and you can also be ordered to pay child support.
How Custody Is Decided
New York courts decide custody based on the child’s best interests. No presumption favors the mother, and no formula produces an automatic answer. Judges commonly look at:
- The strength of each parent’s relationship and bond with the child
- Which parent has been the primary caregiver?
- Which parent is more likely to support the child’s relationship with the other parent
- Whether each parent is physically and mentally able to care for the child
- Any history of domestic violence, neglect, or abuse, which can weigh heavily against a parent
Depending on a child’s age and maturity, the child’s own preference may also carry weight.
Legal Custody and Physical Custody
Legal custody is the right to make major decisions about the child’s education, health care, and religious upbringing. Physical custody is about where the child lives day to day. Either kind can be joint (shared by both parents) or sole (held by one). Many fathers share legal custody even when the child lives primarily with the mother, and some fathers have primary physical custody.
Parenting Time (Visitation)
A parent without primary physical custody usually has the right to regular parenting time, unless it would harm the child. A clear, detailed visitation schedule covering weekdays, weekends, holidays, and school breaks prevents many conflicts before they start.
If you are being kept from your children, act quickly. During a divorce, we can ask the court for a temporary custody or visitation order while the case is pending. If a court order already exists and the other parent isn’t following it, you can ask the court to enforce it. Waiting for the situation to resolve itself can cause your relationship with your children to suffer.
Child Support and Fathers
Under New York’s Child Support Standards Act, child support is calculated the same way regardless of which parent is the mother or father. The parent with less parenting time usually pays the parent with primary physical custody, so a father with primary custody can receive support. The basic obligation is a percentage of the parents’ combined income:
|
Children
|
Share of combined parental income
|
| 1 child | 17% |
| 2 children | 25% |
| 3 children | 29% |
| 4 children | 31% |
| 5 or more | at least 35% |
These percentages apply to combined income up to a cap that is adjusted every two years; above the cap, the court has discretion.
Child care, health insurance, and unreimbursed medical costs are usually shared in proportion to each parent’s income. Support is a separate obligation from parenting time. A parent can’t withhold support because the other parent is blocking visits, and a parent can’t block visits because support is unpaid.
Changing an Order Later
Children’s needs and parents’ lives change. If your circumstances change substantially, you can ask the court to modify custody or support. The court can also address a move that would affect your time with your child.
Practical Steps for Fathers
- If you aren’t married to your child’s mother, make sure paternity is legally established.
- Stay involved and keep a record of school pickups, medical appointments, activities, and time spent together.
- Keep communication with the other parent civil and, when possible, in writing.
- Follow every court order, including support, even when you disagree with it.
- Consider mediation to reach a parenting plan without a court fight.
How Simonetti & Associates Helps Fathers
Simonetti & Associates has represented Long Island parents in custody, visitation, support, and other family law matters since 1990. From our Westbury office, we represent fathers throughout Nassau and Suffolk County in negotiation, mediation, and, when necessary, court.
Every case starts with a free consultation. We keep flexible hours, meet with clients virtually, and return calls after hours. Call 877-385-2560 or request your free consultation online.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article provides general information, not legal advice, and does not create an attorney-client relationship.
