Father’s Rights Help Is Here!
Last Updated: October 26, 2022
While states establish child custody laws individually, all states have revised their laws to create a similar outcome whether you are a mother or a father. In the past, state laws typically considered the mother of the child to be the preferred caregiver–but father’s rights advocates nationwide are fighting to change this state-by-state. This has resulted in states making the best interests of the child the top consideration in custody decisions, not simply picking the mom over the dad. As a result, father’s rights are expanding, providing men with a better chance of receiving custody (also known as allocation pf parental responsibility). Father’s rights help can be provided by speaking with a dad’s rights expert for a free consultation (attorneys all offer this). Fight for your interests in court and get the custody and parenting time result you deserve.
Father’s Rights Help Makes Parenting Equal
Many states are undergoing this change (almost all have already implemented some laws on the books). The traditional child custody law in most states used to be based on “The Tender Years Doctrine”, which granted custody preference to the mother of a young child. This law has been repealed in every single state now and the new laws require family court judges to decide custody that will be in the best interests of the child. Many states laws still contain some unique aspects though, including the mention of religion as a factor when considering the best interests of the child.
Father’s Rights – Best Interest of the Child
Now that the laws have begun to shift, the real analysis of what exactly is in the child’s best interests can be understood. Father’s rights help and support groups along with family law experts nationwide have compiled a list of essential factors every custody case needs to follow. Every state is slightly different, but for father’s rights help to work, these are the big-ticket items that determine the ‘best interests of the child’ that all courts base their decision upon:
Wishes of the Child
- This is not necessarily a huge factor since kids don’t get to decide – if all things are equal, a judge might weigh in favor of the parent the child wants to live with. Keep in mind, if one parent is the “good times party parent” and the other is the” follow rules and complete your homework parent”, the court will generally prefer the parent that makes sure homework is done.
Home Environment
- What is each persons residence like (or what will it look like)? Does one person have separate bedrooms for the kids, live near parks and lose to schools, and in a safe neighborhood? Being able to take care of the child’s necessities (food, clothing, house) is essential – a parent ‘couch surfing’ at a friend’s house will be a huge negative. These are all factors that weigh heavily in the courts eyes.
Mental (and Physical) Health of Parents
- Sometimes parents are not healthy enough to raise a child. Whether a mental illness or (in some rarer instances) physical disability is involved might make a big difference in the case. Frequently, mental illness is a big factor in custody cases. But be careful – many people have mental health issues and are good parents so long as they are being treated by a medical professional and all is under control.
Co-Parenting Abilities
- This sounds weird, but it really isn’t. The court want a child’s life to be as stable as possible. This means bot parents being willing to work together for their child’s best interests. If one parent refuses to even try to work with the other parent to foster a good relationship between each parent and the child, the court will not consider that positive. Father’s need to put themselves out there to the mom’s and let them know they can discuss and work together on all parenting issues.
Domestic Violence
- If there is a history of domestic violence against a parent or a child, expect the court to come down hard on the offending parent. Men need to be vigilant in making sure nothing they do could be construed as a threat in any way at all.
Stability
- The largest factor, which basically includes all factors above an those not listed. Any lawyer providing father’s rights help knows that a judge wants the child to have a stable life. This means a stable living arrangement which includes not changing schools, not eliminating sports/activities, not moving a child to a new neighborhood (unless it is significantly safer and better) and keeping a child close to family.
Father’s Rights Help in Parentage Cases
The majority of father’s rights cases actually take place where the parents never married to begin with. But, when a baby is initially born, most courts will award at least temporary primary custody (and the majority of parenting time) to a mom if certain factors exist. For example, if a mother is breastfeeding, it is unlikely that a judge will give the dad primary parenting time – at least for a handful of months. This does not mean that a dad should give up – it just means a dad needs to be extra vigilant and be ready to begin the process in the near future.
Custody Modifications
Any state that uses the best interests of the child as the basis for custody decisions faces the possibility of custody modifications. Changes in life situations and circumstances can alter the custody arrangement deemed to be in the best interests of a child. For example, a job loss, illness, or out-of-state move of one parent may be a reason to modify a child custody order. This modification might mean one parent gets more decision-making abilities or that one parent gets the majority of parenting time.
Next Steps
Getting the correct father’s rights help means being given a roadmap for setting up the best possible custody case to be presented to the court. Equal custody rights for dad’s are becoming reality in many states but the situation is still far from perfect. Basing the decision on the best interests of the child leaves much room for interpretation. To get the best possible results, speaking with a child custody expert for a free consultation is a great first step to getting the father’s rights help a man deserves. Then, dad’s need to begin building their case and making sure their lifestyle fits the important factors described above.
