There is a widely held misconception that when parents’ divorce, the mother is entitled to custody of the children. But not really. The fact however, custody is determined using a number of variables and the sex of the parent is just one small part of the equation.
As a custody lawyer, I have witnessed the profound effect of this misconception — because it does not happen many fathers feel they cannot assert their rights. The fact is, fathers have an equal and fair opportunity in securing custody as mothers, when they are able to act in the best interest of the child.
What Affect Custody Decisions?
[State] courts take several factors into account when deciding who gets custody of the children. The child’s best interests are generally the most important factors and this is used to determine in part the fitness and competence of the parents.
The courts will consider some of the particular factors:
- Parental roles and responsibilities Everyone is Somebody’s Somebody 74 The relationship is an interdependent one.
- The physical and emotional conditions and needs of the child
- The capacity of each parent to act as a stable and responsible caretaker
- The child’s connections and attachments already in place.
- History of abuse, neglect, and other worry-some concerns
However, whether the parent is a male or female may not be the only determining factor. Instead the courts will take into account the scenario “as a whole” in deciding what is best for the child.
The Role of a Custody Attorney
Parental Rights
The ins and outs of child custody law can be intimidating whether you’re a mom or dad. This is the opportunity where you need an attorney who specializes in custody to help.
A seasoned custody lawyer can assist you in maneuvering through the legal process, consider all possible alternatives, and provide the court with a strong case. They may also help with child support, visitation, and arrangements for changes to existing custody agreements.
How to Get Ready for a Custody Battle
If you’re in a custody battle, being proactive and well-prepared is key. Here what you can do to make your case stronger:
- Collect documentation, financial documents, evidence of parent involvement, and evidence of the other parent’s conduct or conduct + shortcomings.
- Learn how the court will process your information and what details they will take into account.
- Do as the custody lawyer says, and work with him or her as closely as possible in making out a complete plan of action, with what can be expected on the outcome.
- Always stay positive and be in the right spirit despite challenges. Do not behave in a manner that might be interpreted as harmful to the child.
Don’t forget, a custody battle isn’t just about winning or losing – it’s about doing what’s best for your kids. With proper legal counsel and a strategy, we may be able to help increase your chances of receiving a custodial arrangement that makes sense.
Getting the Best Result for Your Family
The reality is, there is no perfect answer when it comes to child custody. Because every family is different, the courts will consider the facts of each case before making a ruling.
The trick is to be open-minded, open to compromise, and concentrate on your kids future. And with the help of a seasoned custody lawyer, you can make your way through the legal labyrinth – and secure the stability, safety, and possibility your family needs.
FAQs
Do mothers always get custody of children in a divorce?
No, even if they are not divorced, mother’s do not “automatically” get custody of their children. Custody determinations take into account multiple factors, such as the best interests of the child, the fitness of each parent and the nature and scope of existing parental roles and responsibilities. It’s not all about gender though.
What can dads do to improve their odds of gaining custody?
There are certain things that fathers can do to increase the odds that they will receive custody of their child including: Gathering Appropriate Documents Understanding What the Courts Look For Hiring an Experienced Child Custody Attorney to Help Them Devise a Legal Plan of Action.
Can fathers be awarded joint or primary custody?
Absolutely, fathers can win joint, or even primary, custody if they can show themselves to be an equal or superior parent. The courts will decide what’s best for the child, not what sex the child is.
Act now!
If you find yourself in a custody battle, go armed. Consult with a knowledgeable custody lawyer from The Law Office of Anthony Griego today. We are committed to protecting your rights and helping you obtain the best possible outcome for your family. Give us a call at 505-508-3110 or visit us on the web at Griegolawoffice. com to book an appointment to begin the process for a better tomorrow.
