It is a well-known fact that the family courts are biased against fathers. It is not only unfair, but it is also detrimental to children, who need both parents involved in their lives. Fortunately, there are steps that you can take to increase your chances of a successful custody battle. It includes maintaining detailed records, demonstrating a commitment to your child’s welfare, and seeking legal counsel.
Maintain Open Lines of Communication
While it is true that a long-standing misconception that mothers are better able to care for their children persists in family courts throughout the country, the reality is that fathers have equal custody rights. To preserve each parent’s relationship with their child and maintain safe and healthy living circumstances, courts base their decisions about child custody on the best interests of the child standard. Nonetheless, it is often challenging for men to achieve the parenting time they desire. In some cases, proving they are just as capable, or even more capable, of caring for their children can require the involvement of outside professionals, such as a psychologist. Experienced law firms like Sisemore Law help men overcome the gender bias that can be present in these types of disputes and pursue legal goals that reflect their steadfast commitment to their children.
Before a court can consider the issues of custody or visitation, it must first establish paternity. It may be required for various reasons, including establishing parentage for child support purposes, obtaining child custody or visitation, modifying a child support order, or in the context of adoption. A biological father may also want to assert his parental rights by taking legal action against a mother who does not pay child support or fails to comply with other custody and visitation obligations.
Keep Detailed Records
Whether you’re seeking custody or trying to modify your child support arrangement, keeping detailed records can help. It can include a calendar of visitation and custody exchanges, evidence of communication between you and your ex, and a record of any expenses related to the children. You’ll want to provide these records to your lawyer as they will use them to prepare for the courtroom. Historically, family law courts have been biased against men in custody cases. Typically, the assumption has been that children are best off with their mothers, and fathers should be limited to paying child support and visiting their children every other weekend. Today, however, judges are more likely to consider the entire relationship between a father and his children when determining a custody arrangement. Depending on the circumstances, judges may look at things like your current relationship with your kids, your ability to provide for them financially, and any history of drug or alcohol abuse.
In addition, some states have laws allowing parents to seek modifications in their custody and support arrangements over time. Generally, these modifications require a showing that there has been a substantial change in circumstances. For example, a change in one parent’s job or income can allow for modification to the original order. A good father’s rights attorney can also assist with these requests.
Be Prepared for the Courtroom
Despite what many people believe, family court judges do not decide custody matters solely based on gender. They consider the best interests of the child. Therefore, parents can work together to create a custody arrangement that works for them. A father’s rights attorney can help ensure that unfair or unrealistic assumptions are not jeopardizing your parental rights. Gone are the days when courts automatically granted primary custody to the mother, believing that children would be better off in the home of a stay-at-home mom. Today, most states have revised their child custody laws to reflect this societal shift.
Fathers who seek custody of their children must be prepared to face a long and challenging fight. Still, they can increase their odds of success by remaining active in their kids’ lives, maintaining a positive relationship with their ex-wife, showing flexibility in their custody arrangements, seeking professional assistance when needed, and staying on top of their legal cases. In addition, a father’s rights attorney can help establish paternity when necessary to ensure that a child has legal rights and benefits like health insurance and Social Security. Proving paternity also demonstrates the father’s financial stability and ability to care for the child. It can be a crucial factor in a custody dispute.
Keep the Best Interests of the Child in Mind
The child’s best interests are a guiding principle that judges consider when making custody decisions. While this concept isn’t easy to define, it generally means that a judge will award parenting time and decision-making based on the child’s overall best interest. To determine what this is, the judge will look at several factors, including how well a parent meets their child’s physical and emotional needs and if they can provide a stable home environment. During a custody battle, fathers can help demonstrate that they can meet their children’s emotional and physical needs by remaining actively involved in their lives. It can be done by regularly attending school events, extracurricular activities, and medical appointments and maintaining open communication with their children about their concerns.
Additionally, a father can prove that they can provide a stable home environment by keeping accurate records of household expenses and showing commitment to their child’s financial well-being. The best way to prepare for a custody battle is to consult a legal professional who can explain state law and current visitation guidelines. By doing this, a father can avoid potential complications that could lead to a negative outcome for their situation and arrive at a satisfactory resolution for all parties.