Wednesday, March 19, 2014

How difficult is it for a father to win child custody in NY?

Q:  I understand that 87% of mothers have custody of their children only 13% of fathers do. This father is fighting because the child is not and will not thrive under unemployed alienating mother. The forensic psychologist recommends father have sole custody. Pro-Mother guardian suggested 50-50 physical custody with father having sole legal; rejected by other side as they are not paying for all these lawyers. Father unemployed, good home, primary caretaker; mother unemployed, neglectful. Father has said stupid politically charged comments on the internet many years ago and they hope to use that against him. So at trial, realistically how much of a challenge does this father have? He loves his child and she needs him to take care of her. She is only a meal ticket to the mother.

Additional information

Correction; the father is employed; mother willfully unemployed

A:  David's Answer:   If the forensics are on the father's side, that is clearly an advantage. I would also want to know other factors which affect the analysis: (a) age of child, (b) child preferences (if 10yo+), (c) where child's been primarily residing since the parties physically separated, (d) the extent & ability to prove the alienation, (e) basis & ability to prove statement that M's "neglectful." You should definitely have an attorney representing you if the case is going to trial. Schedule a consult with a NYC Child Custody lawyer for a full assessment.-- David Bliven, Bronx Child Custody attorney (

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