In recent times, a lot has changed about the way divorces play out with parental rights. Historically, mothers would almost always get awarded custody of their children as they were the primary caretakers of the family. But, times have changed, as more women work outside of the home and parenting responsibilities are more equally distributed. With this cultural shift, fathers going through a divorce have more equal chances of winning custody of their children.
For the overall well-being of the children, having relationships with both parents can be beneficial for development. Many courts have changed the way they perceive each parent’s role and importance in their children’s lives.
What Are the Rights of a Father in a Divorce?
Legally, fathers have the exact same rights as mothers when it comes to visitation rights and child custody. Outside of extreme circumstances, where minor children are involved, both parents have equal chances to win custody of their children and participate in their life on a regular basis. Both mothers and fathers have the equal right to request and claim primary guardianship of their child.
If a father is denied the custody of his child, he may still be entitled to the right to see their children regularly. Visitation rights of fathers help maintain the father-child relationship which is critical for any child’s overall development.
Key Steps for Fathers to Safeguard Their Rights
In order to have a chance at winning child custody, divorce lawyers for men advise fathers follow some key steps-
- Don’t separate from your children– It is recommended that you do not move out of the house, nor allow your spouse to take the children away from you if possible.
- Start recording every exchange– Every exchange between you and your spouse should be recorded so it can be reproduced in the court if need be. This includes all verbal and written exchanges with your spouse and children.
- Insist on your rights– As a father, you have equal rights to spend quality time with your children. Family lawyers for men often advise their clients to insist on 50% parenting time and custody. Understand your situation and insist on what would work best for you and your family.
- Strengthen ties with your children– Continue to nurture and develop your relationship with your children. If you have not been able to spend quality time with your kids lately, you may want to change that. If you and your spouse are planning a divorce, it is time to start reviving your bond with your children and strive to earn their trust and love.
- Get the right attorney– Hiring the right family law attorney who works specifically for men may become a game-changing decision for you. The right divorce attorney will listen to your concerns, discuss issues that are close to your heart, and aggressively work to bring fair outcomes for you.
Your children are as much yours as your spouse’s. And, so are your rights as their parent. Understand what would work best for you and your children, and then take the necessary steps to achieve positive outcomes for your children and yourself.
The right family law attorney can help you – one with extensive experience. Brad M. Micklin of The Micklin Law Group, LLC is one such experienced attorney. Brad Micklin can help you win fair outcomes for child custody and visitation rights.
Contact The Micklin Law Group, LLC at 973-562-0100 or contact us online to consult a divorce attorney for men.