Divorcing fathers deserve and need to know their custody rights before the process of ending their marriage begins. Anyone who may have a positive influence on the upbringing of a child following divorce may be awarded child custody rights. This means that a father’s custody rights in divorce may be the same as a mother’s rights. Father’s rights to child custody are growing by leaps and bounds every day in all 50-states. Many fathers are surprised to hear this because the media often portrays a different story. Fathers should be aware of their rights regarding child custody and enforce these, enlisting legal assistance when required. When it comes to getting divorcing fathers the custody rights they deserve, no one can fight for you more than an experienced father’s rights divorce attorney. Speaking with one is as easy as contacting us here at no charge!
Divorcing Fathers Deserve the Chance to Win Custody
A father going through divorce should be on even ground as a mother when it comes to deciding child custody issues. A family court judge awards child custody rights after reviewing parental testimony, hearing from witnesses, having their case evaluated by a child representative or guardian ad litem, and, possibly, asking the children about their feelings on the subject. Fathers can win custody if this arrangement is in the best interests of the children. The judge may award parents joint custody or may give one parent sole custody if the other is deemed an unfit caregiver.
Fathers Rights and the Difference Between Legal and Physical Custody
Courts make both physical and legal custody decisions. Physical custody pertains to daily caregiving and legal custody relates to childrearing decisions such as education, activities, and religion. Joint physical and legal custody arrangements require parents to develop a schedule to share time with their children and work together to make important childrearing decisions. This means that both parents must cooperate in raising their children in a uniform method.
Right or wrong, in the vast majority of cases, a mother is granted primary custody of her children. Fathers receive custody less than twenty-percent of the time. However, fathers receive joint custody well over twenty-percent of the time nationwide. Unless the situation involves neglect or abuse, fathers are usually better off requesting joint custody. If they agree to relinquish primary custody to the mothers of their children, fathers should petition for visitation rights so they can maintain their relationships with the youngsters. Getting fathers rights during divorce is more than winning custody, it is also establishing significant parenting time with the children as well.
Except in cases of abuse or neglect, parents are permitted to develop custody arrangements themselves. A family law attorney that is experienced in handling divorcing fathers custody cases can help draft a written agreement reflecting the details. This is then presented to a family court judge for review and approval. By having a lawyer, a father ensures that his rights are exercised to the fullest extent permissible by law.
Fathers can win custody at some level if they prove that they are good caregivers. With the proper legal guidance, as you may receive by speaking with one of our family law attorneys for free, a father can prepare a strong case for physical or legal custody that causes the family law judge to render a positive decision. This more than justifies the cost of father’s rights help provided by the attorney. The father can then continue to play an important role in the life of his children, having a positive influence on their development.