Protecting What Matters Most

Does a parent’s gender play a part in child custody decisions?

On Behalf of | Mar 23, 2023 | Child Custody

There is a lot of misinformation out there about child custody decisions. Some people believe that mothers are more likely to be awarded custody of their children than fathers, even if the father is equally capable of caring for the child.

The bias may stem from outdated gender stereotypes that assume mothers are more nurturing and better equipped to care for children. However, in the eyes of the law, gender is not a factor in custody decisions. The children’s best interests are all that matter.

What the law in New York says

Child custody decisions in New York are based on the children’s best interests. Some of the factors that may come into play include the following:

  • Each parent’s ability to nurture and care for the children
  • The parent’s physical and mental health
  • The child’s preferences if they are of sufficient age
  • The work schedules and child care plans of each parent
  • The parent’s ability to cooperate or work together in parenting, among others

Neither parent has the upper hand in custody proceedings solely because of their gender, at least from a legal viewpoint. It is also worth noting that fathers who have not established paternity may not have equal rights since they are not legally recognized.

It helps to be prepared

You never know what to expect during a custody battle, especially if you are not on good terms with your co-parent. For instance, you may have to address false allegations made against you to tarnish your image and influence the court’s decision.

Therefore, it is best to anticipate such possibilities and ensure you respond accordingly to protect your place in your children’s lives. If you need help navigating custody proceedings or what to do to protect your interests, consider seeking the necessary counsel for guidance.


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