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How Fathers Can Protect Their Rights in Child Custody Cases

As a father undergoing a divorce in New York, you need to understand your rights regarding child custody and visitation. Courts are required to base custody decisions on what is in the best interests of your child, which generally includes the involvement of both parents. This framework is designed to give a father equal standing in custody matters alongside the child’s mother. However, biases can still arise, especially if very young children are concerned or if the mother has been their primary caregiver.

To assert your rights effectively in a custody case, it’s essential to demonstrate not only a stable and supportive environment but also emotional maturity and an active commitment to your child’s well-being. This includes being consistently involved in all aspects of your child’s life, such as their education, healthcare and extracurricular activities.

You should strive to maintain a stable home and a reliable income to provide for your child’s needs. It’s also important to avoid conflicts with your co-parent and to keep detailed records of your interactions with both the child and the other parent. These records can prove invaluable in legal proceedings, showcasing your ongoing involvement and commitment.

Additionally, consider joining support organizations, such as the Fathers’ Rights Association of New York State, which can provide communal support and resources that empower you to build an effective foundation for an award of joint custody.

Note that the Parental Equity Act gives unmarried fathers the opportunity to participate in custody proceedings and to demonstrate their ability to provide a healthy and loving environment for their children. If you can establish paternity, you have a fair chance to argue for custody on equal footing with the mother.

A New York child custody attorney experienced in fathers’ rights can offer guidance tailored to the unique challenges you face and help navigate the complexities of child custody case. 

At the Law Offices of Randy S. Margulis, located in Williamsville and downtown Buffalo, we advocate for fathers throughout Western New York in matters of custody and visitation, making sure their rights are recognized and addressed. Call us at 716-886-9600 or contact us online to arrange a consultation.

Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 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.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Of Counsel

Alexandra M. Rockwood has been with the Law Offices of Randy S. Margulis & Associates since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as well as a trained social worker. This combination of…

Ashleigh E. Lymburner Attorney Photo
Ashleigh E. Lymburner
Associate

Ashleigh E. Lymburner is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates, PLLC, and has been with the firm since August 2024. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Her experience includes serving a Judicial Externship under Judge Sharon…

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    5.0/5.0

    We use Mr Margulis for our estate planning and wills. He is exceptionally knowledgeable and communicates very well. We trust him with our trusts and will continue to use his services as long as we can. Thankfully we don’t need his divorce services,...

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    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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  • 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 ...

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  • 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 ...

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