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By Theresa Wells
Single dads primarily raising children will be receiving recognition this Father’s Day, not only for their tireless efforts to care for their children but also due to the fact that there are many more of them nationwide.
With more men wanting to take an active role in the upbringing of their children, and cultural norms growing more accepting of single-fathers as primary caregivers, their numbers have grown by 27 percent over the past decade. Since 1990, the number of families with single fathers as the primary giver has almost doubled to 2.79 million from 1.5 million, according to a New York Times report citing statistics compiled by a Fordham University sociology professor.
While increasing in number, primary caregiver single fathers still only account for 15 percent of single parents. According to U.S. Census Bureau data for 2010, 46 percent of single fathers were divorced, 30 percent were never married, 19 percent were separated and 6 percent were widowed.
There is strength in numbers and these statistics are showing primary caregiver single fathers to be a growing force in American family life. In New York State, fathers need to remember that the laws governing child custody proceedings, primarily Sections 70 and 240 of the Domestic Relations Law, are gender neutral. Whereas there had been a perception that state courts leaned in favor of mothers in child custody proceedings, the gender-neutral law, coupled with other factors, could strengthen fathers’ cases for receiving full or physical custody of their children. Such factors could include a mother’s demanding work schedule or a father’s more flexible work arrangements.
New York Family Courts are inclined to grant divorcing parents joint legal custody of their children, under which they have an equal say in their children’s upbringing. In contentious divorces where the parents cannot agree on anything, the court could grant sole legal custody to one parent, who exclusively makes decisions about the child’s medical treatment, education, religious upbringing and living arrangements.
Fathers wanting to obtain either legal or physical custody of their children must file a petition for an order of custody with the Family Court for the county in which the child primarily resides. A copy of the petition must be served on and the other parent. The parents will then have to appear before the court and a hearing will be ordered if custody remains a contested matter. If applicable to the facts of a certain case, an investigation by a social services agency or mental health professional can be ordered by the court if no agreement is reached, and the court can consider their reports in making a custody ruling.
Theresa is an associate with the firm. She focuses his practice in appellate advocacy, criminal defense, and family law. She can be contacted at twells@1888law4life.com.
To schedule a meeting with one of Tully Rinckey PLLC’s experienced family and matrimonial law attorneys call 1-888-LAW-4-LIFE.
