When parents begin going through a divorce, the top concern in their minds is the welfare of the children involved. Since courts most traditionally side with the mother in custody cases, fathers often worry about not being able to see the children as much as they would like. But those fathers who fight for full time custody and win will then begin to wonder what their child support rights are. While the law allows custodial fathers the same child support rights as mothers, many cannot get them without a fight.
Although gender roles between mothers and fathers have changed in recent decades, some judges still believe the premise that children are best placed and raised by their mothers. In cases when the father does win physical primary custody of a child or children, it may be difficult for a judge to also grant them child support when the father, even though the law supports it, often because the father is the breadwinner in the family. To combat this in court, it is important for fathers to know their legal rights.
Since there is such a stigma present in the court system, it is important for fathers to have legal representation on their side. Attorneys who specialize in family law are often well-versed in the regulations that surround a father’s right to child support. These professionals are often key in helping custodial fathers present a solid case for their need of child support from the children’s mother. Having this type of representation can often increase the chance of a father seeing a favorable outcome.
In some cases, custodial fathers may not even realize that they have any rights toward child support. Although each state’s laws will determine how child support is handled, none of these laws override a father’s right to obtain them. It is important for fathers who have received custody of their children to discuss their situation with a family law attorney and determine what rights can be awarded to them. It is also important for fathers to not overlook monetary support they and their children are entitled to.
Generally, payment of child support will end when the child is no longer considered a minor. While this is most often the case, some children will continue to need support into their adult years if they suffer from a physical or mental disability. Custodial fathers, even though they may have been the bread winners in the household, sometimes have trouble making ends meet, especially when supporting a child with additional needs. Having support can often make a difference for the father and for the child.
Child support for a father during a divorce proceeding is not an automatic consideration for the judge or court system. This makes the fact of having a knowledgeable family law attorney to represent the father during the divorce case that much more important. A good attorney will focus solely on the client’s case, giving the father time to spend with their children and prepare them to move homes, schools, and environments. Having this representation allows fathers and children to make a smoother transition.
