Search Site
Menu
Does Father Know Best? Child Custody in New York

Other than the death of a parent, there is likely no more disruptive event in the life of a child than a contentious child custody battle waged by parents unable to agree on a healthy parenting arrangement. Historically, the tender years doctrine used by courts presumed a mother, unless proved unfit, was the best caregiver for children of certain ages.  Decades of legal decisions awarded children to mothers, with fathers providing child support as ordered, and often losing a personal relationship with their child in the process.

Today the best interests of the child factors have replaced the tender years doctrine.  While it can be argued that a bias toward mothers persists, especially in custody battles over young children, this seeming bias is usually based upon examination of factors that consider the well-being of a child.

Best interest factors apply a genderless approach to custody decisions.  Upon examination, if a father or a mother fails to meet requirements with regard to supporting the health, welfare and emotional development of a child, or encouraging relationship with the other parent, a custody determination for the opposing parent might result.

Times have changed, but the truth is still that children need what each parent has to offer.  If divorcing with children, remember to keep their best interests in mind and set your personal grievances aside. And remember to work with an experienced attorney to protect the future of your family by arriving at a custody arrangement that is best for your child.

Leave a Reply

Your email address will not be published. Required fields are marked *

Randy S. Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 25 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Reviews & Ratings
  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

    Read more

    Client

  • lawyers
    5.0/5.0

    Mr Margulis was one of the nicest attorneys I have ever had the privilege to speak to. He knows what he is doing and saying. I chose him because he was reassuring, respectful and understanding. He made my divorce easy, without regret and civil.I appr...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy was referred to me. I am so glad I chose him to represent me. He was efficient and extremely knowledgeable. I would recommend him to anyone and have recommended him to a friend of a friend.

    Read more

    Client

See all reviews
AWARDS
BUFFALO / WESTERN NY
  • Niagara
  • Tonawanda
  • Amherst
  • Cheektowaga
  • Hamburg
  • Lancaster
  • Orchard Park
  • West Seneca
  • Akron
  • Batavia
  • Clarence
  • Kenmore
  • Lockport
Contact us

Quick Contact Form