Last Updated: March 9, 2022 at 3:50pm

Your children deserve to have you fight for them, but you must be aware of the many pitfalls that can damage your chances at winning custody of your children.  There are many pitfalls that can hurt your chances of obtaining the father’s rights you deserve. Only a skilled father’s rights attorney can judge the merits of your situation—contact a father’s rights lawyer now for a free consultation!  

Pitfalls to Avoid in a Father’s Rights Case

In all 50-states now, the law specifically states that men and women have equal rights related to the children. Gone are the days where mom always wins. But thinking that this means that you have a guarantee at joint custody is foolish. Judges, being human, carry with them their own preconceived notions of he or she thinks is best for kids, and many times, judges side with the mother. That is, unless the father has received the proper guidance to showcase his strengths and to avoid the mistakes that can destroy a father’s rights case.

Tips: What NOT to Do

  • Don’t move out of the house and away from your kids unless you have no choice
  • Unless she gives you the kids and moves out, do not agree to ANYTHING without speaking with a lawyer
  • Don’t make your kids be the messenger
  • Never get physical (or threaten) your partner
  • Never talk about your court case with the kids
  • Don’t ignore the parenting time order
  • Never miss your parenting time
  • Never pay child support in cash – without proof, its like you never paid
  • Never put anything in writing you don’t want the judge to see
  • Don’t post details on social media and clean up your social media accounts
  • Don’t share a bed with your kids – make sure they have a room

Tips: What You Should Do

  • Show up for ALL your parenting time
  • Make parenting time with you fun (but don’t be the ‘no-rules party house’)
  • Get involved – pickup and drop-off at school and meet teachers and coaches
  • Make sure kids complete their homework
  • Ignore your friends advice (the ones who aren’t father’s rights lawyers, of course)
  • Keep your new significant other away from the kids – for now
  • When in court, keep your mouth shut unless your lawyer or the judge asks you a direct question
  • Co-parent in a cooperative and positive manner – always
  • Set up a room for your kids – separate rooms, if possible
  • Know who the kids doctors are and attend appointments

Main Issues for Dad

The list above is clearly not a complete list, but touches on some of the most frequent pitfalls fathers fall into that derail their child custody case. Some of the most important factors listed above can have serious impacts on your case.

Don’t Move Out (unless you have to)

One of the biggest reasons why fathers lose their custody case is because he moves out of the home where the children live. Many times, this is because the mother and father have broken up or are going through a divorce. The main problem is that now the mother has control of the children, and many judges do not like to change children’s living arrangements. For this reason, even if you cannot stand to be around the mother of your children, it may be in your best interests to avoid conflict temporarily so that you can still fight for your father’s rights. Obviously, if there is some danger, leave, and document the threats.

Suitable Living Arrangements

Whether you are going through a divorce or were never married to the mother of your children, your home can and does have a direct impact on whether a judge or a court appointed evaluator (possibly guardian ad litem or a child representative) believes you should retain custody and control over your children.  Most times, the court wants a father to have adequate living conditions for the children—this means they should have their own bedroom and not be sharing a bedroom with you.

Co-Parenting is Essential

Co-parenting is key to getting the fathers rights you deserve. One of the biggest factors the judges look at is whether the parents are able to co-parent and get along good enough for the kids. The judge is looking to determine what is in the best interests of the children, so having two parents that can work together shows that you, as a dad, are willing and able to co-parent and put your personal feelings aside.

Never Tell the Kids About Court

It goes without saying, but never talk to your kids about your case. This is always inappropriate, and a judge will look down on you in a big way. This also means that you should never use your kids as a messenger service to deliver a response or a request to the other parent. Kids need to remain out of the conflict. So, what is the best way to communicate? Usually in writing. When a phone call takes place, there is no proof as to what anyone said or how they said it. When the communication is in writing, there can be no lies about something you didn’t say. There are fantastic communications apps available now – look into some of them, such as Our Family Wizard (this is most lawyers recommendation – it’s the best).

Exercise Your Parenting Time

Of all the mistakes fathers make, not taking all their parenting time is at or near the top of the list. If a judge awards you parenting time, you need to take it every time. And every time mom calls and says she needs a babysitter or has to work late, dad needs to step up and get the kids. This shows that you want to be with the kids more, that you are willing to take them at any time. Not exercising the parenting time you have shows the court that you don’t deserve more visitation because you don’t even use the days that you’ve already been given. Do not make this mistake!

Is it True that Mother’s Always Win?

Absolutely not. Your chances of winning a custody battle against the mother of your children increases as soon as you work with a father’s rights attorney because they will use proven tactics to fight on your behalf. Fathers deserve the same rights as mothers have traditionally been given via the court system.  Fathers have a special relationship with their children that is, in many instances, more important than the relationship between mother and child.

In fact, dozens of studies have shown that a strong relationship between a child and his or her father has a direct positive impact on that child’s life.  Only a skilled father’s rights attorney will have the tools necessary to litigate on your behalf and make sure that your rights and the well-being of your children are protected!

Next Step in a Father’s Rights Battle

Hiring an experienced father’s rights attorney is your only chance to protect your children and ensure them that they will grow into well-rounded individuals.  Filling out the form on this page is your first step to securing your family’s future.  Past biases and an outdated legal system are forces that are aligned against you—but a father’s rights lawyer will navigate the system and fight for you every step of the way.

Get prepared. Start getting other things in your life in order immediately. Don’t let your family suffer—hire a professional father’s rights expert right now!  Fill out the form to obtain your 100% free consultation!  You have nothing to lose, get started for now!

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