The paramount consideration for a Court when considering a custody decision is the the children's best interests. Among the factors to be considered are the quality of the home environment and the parental guidance the custodial parent will provide or has provided, the ability of each parent to promote the children's intellectual and emotional development, the financial ability to support the children, the relative fitness of each parent, and if applicable, the length of time the current custody arrangement has been in place. Fathers can excel in all these areas. I suggest you have a consultation with a family law attorney and discuss the particulars of your family's history and formulate a plan for your children's best interests.
Your question, of course, can not be answered with any degree of certainty. Based upon the law, all things being exactly equal, a father has just as much chance of gaining custody as the mother. However, rarely do you have a situation where all things between the parties are equal. The Court's overriding concern will be what is in the best interests of the children. The gender of the parent has nothing to do with it. Instead, the Court will consider the relative parenting skills of the parties, their role as caretaker to the children, and numerous other factors. You would be best advised to consult with an attorney to discuss your specific circumstances.
Mr. Rosen practices matrimonial and family law in Great, Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances.
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