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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The most appropriate analogy that can be drawn in this case is Robert Benton’s 1979 film Kramer vs. Kramer, based on the book by the same name by Avery Corman. In this film, Joanna Kramer (Meryl Streep), frustrated with her role of a housewife taking care of her son Justin Henry, abandons her husband Ted (Dustin Hoffman) in order to explore her “self”.

Hence, Ted is forced to raise his son by himself. Although initially his workaholic attitude was one of the driving forces behind his wife’s plee, he eventually involves himself in childcare so deeply, that he even loses his job out of negligence!

Once Joanna comes back from New York after two years, she launches into a legal battle over Justin Henry’s custody. However, in the end, Joanna realizes that Justin’s ideal life is with his father, and she relents.

While trying to win child custody parents make various claims regarding themselves and allegations against their spouses/partners. False accusations of child sexual abuse, financial and educational incompetency made by parents against each other are common.

In 1994, the judge ruled against a woman named Jennifer Ireland in the battle for her child’s custody, sighting her action of placing her four year-old daughter in day care because of her work as one of the deciding factors. Julie Kunce Field, an attorney from Michigan, fought her case, attracting to it national attention in 1994. In 1995, the ruling changed in the favor of Jennifer when judgment based on a working parent’s child care methods was dropped.

Troubled pop star Britney Spears finally lost her long drawn child custody battle to her ex husband Kevin Federline who won custody of their two children, while she received visitation rights. Spears has been accused of alcohol abuse, negligence while driving with children and reckless behavior in public.

The most important thought to be kept in mind by parents, attorneys, psychologists analyzing the case, and the jury is the child’s interest. Although sole custody is a viable possibility, in most cases the legal system grants joint custody of the child.

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Ways in Which Parents Sometimes Draw Children into Divorce, Intentionally or Not photo credit: wiking™

July 1, 2009
- This happens more often then not - You should try and make a conscious decision to not take part during or after a child custody case(s).

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Although some couples do not need to have two different lawyers because they agree to divorce and can solve the separation problems themselves. They only need to have a lawyer to make the divorce legal in court. However, if there are children involved family law looks after the children in deciding custody rights and the amount of payment needed by one of the parents to help pay the children’s expenses. Family law is not just for divorces, though. It may be used by grandparents who want access to their grandchildren or if children have been taken illegally by one of the parents.

When dealing with family law, you will receive the same professional services as you would receive if you needed a criminal lawyer. Actually, family lawyers have been trained to deal with sensitive issues and are able to give you an unbiased opinion about the solution to the problem. A lawyer experienced in family law can help you in many ways.

Explain how the courts work and help you decide which options are open to you.
Advise you of your rights and the best way to deal with an issue
Prepare the paperwork required and represent you in court
Seek a court order that gives you physical protection, if this is necessary.

Family law is sometimes provided to low income families through legal aid services. You don’t have to feel that because you don’t have the money for a lawyer that you have nowhere to turn. Many of these lawyers also have an online presence and will answer questions for you without charge.

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During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child’s upbringing and wellbeing. This type of arrangement is called “joint legal custody” in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child.

Custody Types

1. Legal Custody

grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child’s wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child’s upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live.

2. Physical Custody

of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations.

3. Sole custody

of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child — for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child’s non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.

4. Joint custody

It has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions.

Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods.

Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court.

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That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.

In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.

However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.

Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.

A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.

Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.

In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state’s jurisdiction. Wide knowledge with regards to state laws will be your lawyer’s defense in battling for your custodial rights.

But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.

Your children are at stake here - getting a child custody lawyer is a way to fight for your right to them.

Visit this page to learn how to pick an attorney best suited for your case

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