Child Custody & Family Law

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Thoughts on Father’s Rights in Child Custody Battles!

By: Custody Laws

Published: February 15th, 2010

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Why do the courts seem to always favor the mother in a divorce when considering child custody? Is it that this is a throwback view from the days when the mother was a stay-at-home mother and therefore had nothing to do but watch and nurture the children? Will the court system ever join the twenty-first century in regards to child custody?

 

The rights of fathers has increased and changed for the better over time, but there is still a long way to go before there is real parity between mother’s and father’s rights. Women still tend to win in the custody battleground. Of course, the winners should be the children. Not everyone will be happy in these situations nor will they feel they have been treated fairly as to visitation, custody, or support payments.

 

Father’s rights in custody fights were practically non-existent in the past. However, child psychologists and social workers finally began speaking up. They stated that children of divorce needed their father’s guidance, influence, and presence to provide some semblance of stability in the children’s lives other than just shoveling out money to provide for expenses.

 

Today, custody laws give fathers some say in their children’s lives after the divorce. They may not have primary custodial rights (where the children live with the father), but the courts are conceding “joint custody” now.  This means that the father has some input on major decisions that may affect the rearing of the children. It means that the mother shouldn’t find the most expensive private school for the children without consulting the father, who is expected to pay for the expenses.

 

A father should have equal rights to be considered the primary custodial parent just as much as the mother. Of course, we don’t hear about this much as judges tend to believe that all children are better off with the mother. However, it should come down to who will be the better parent rather than strictly gender, especially in this age of non-traditional living conditions.

 

As so often happens, if a father is not awarded primary custody, he will be given a more generous visitation schedule than has been granted in past years. The is due to the unceasing efforts of father’s rights organizations and in part to studies that have proven that a lack of a father’s relationship with his children has produced more juvenile problems, drug use and clinical depression.

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Tags: Child Custody, Custody, custody battles, fathers, Fathers Rights

This entry was posted on Monday, February 15th, 2010 at 5:28 pm and is filed under Fathers Rights. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

5 Comments on “Thoughts on Father’s Rights in Child Custody Battles!”

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1. 1. George Orwell
   May 25th, 2010 at 6:50 pm

   Anyone who is intimate with family courts, court practices and court procedures will tell you that court judges are
   biased against men. This is statistically evident and the reputation of family court is well known throughout the general
   population. The abuse has been for decades. This is numerically apparent in every category. Child custody, child support, domestic violence, etc. Not only is the court culture biased but the practices and procedures as well. The child custody trial for instance starts the by placing the burden of proof for father to obtain custody firmly on him. Presumption of custody for mother at the very start. The trials are so unevenly matched that very few fathers can prevail. This unequal protection of the law in favor of mother is UNCONSTITUTIONAL. Fully practiced and enforced by Family Court Judges across the country, in violation of their oath of office. Every litigant in any Court should expect “Equal Protection Under the Law.” Family Courts have failed to provide this. Child Custody proceedings have been reduced to no more than a show or ceremony to legalize possession of the children for mother. Further, the standard of “best interest of the child” is a highly subjective standard and in a high percentage of decisions without measure
   for most people or intangible. Additionally, there is an absence of any standard to family law, it has no foundation.
   Many of it’s applications and practices violate the very laws that this country rests on, the US Constitution. And in many instances State Constitutions. Clearly provisions regarding bias and discrimination. But there are many more that are to numerous to mention here. Many of them are inhumane, demoralizing and dehumanizing.

2. 2. Lisa Myhre
   June 12th, 2010 at 12:35 pm

   I am a mother and grandmother trying to protect my grandchild. My son is currently fighting for custody of my grandson. He was in a four year relationship with a girl he planned on marrying. She made him quit a good job and move to a small town in Illinois, close to her family. They resided with her parents. She starting working in a bar and wouldn’t come home 3-4 days out of the week. My son meanwhile struggled to find another job, but always kept care of his son. My son found out she was having an affair with a cook at the bar. This cook has a long record, doesn’t have a drivers license, drug possession, dui’s, leaving a scene, the list goes on. My son moved back home with my grandson. Meanwhile she and the new boyfriend moved into her parents home. My son then filed for custody of his son. They currently have joint custody but we have good reason to believe that the child is being abused. We have documented pictures, called child service, police and we are now in the process of obtaining an attorney for the child as demanded by the court. I am at my wits end with the court system. We have been waiting since last year. It took three months to see the judge after mediation, then 3 more months for a trial, then another 3 months because she did not get an attorney right away so the judge gave them a continuance, now after finally coming to court on June 7th, the court decides that the grandchild should have his own attorney. (Child is 2yrs old) We now have to wait until the first of July. Meanwhile child service has failed us, the police has failed us and now I am certain the court will fail us. I am afraid that my grandson will be on the 5 o’clock new the he fell and died of a fall. Can you help me in any way?

3. 3. Karen Painter
   June 18th, 2010 at 10:48 am

   I’m sick and tired of seeing so much published about “Protecting Fathers Rights”. Who is protecting the mothers?

4. 4. Southeast Alaska Medical Equipment
   June 18th, 2010 at 1:53 pm

   I am a father and I am sick and tired of they system designed for women! False accusation and manupulation!!

5. 5. home medical equipment
   July 28th, 2010 at 3:29 pm

   custody is super messy no matter what!

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