How To Win Father’s Rights Child Custody Case

November 16, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Mel Davey -

Divorce is a fact of life. Some divorces are simple and amicable and others are not. Complications always ensue when the divorcing couple has children. Soon, mothers rights and fathers rights child custody cases are filed in court. The Court’s position on this is the same in every case. The best interests of the children are considered above all else. These cases cover decisions such as naming a custodial parent with whom the children will live, what visitation rights will be granted to the non-custodial parent, how much support needs to be paid by whom and to whom. In cases of extreme disagreement by the parents, there is an appointment of a guardian ad litum to represent the interests of the children.

The issues of custody after a divorce are decided in the same fashion. The law recognizes no difference and the best interests of the child must be served. State laws do vary somewhat on their legal definitions of a parent. In moms rights and fathers rights child custody cases, each parent needs to retain an attorney familiar with family law for legal guidance, especially if parentage is in question. The assigned judge looks at who has been the children’s primary caretaker, the amount of time each parent individually has devoted to them, each parent’s living situation after the separation and all other mitigating circumstances in order to determine what is best for the children. Who files for divorce first will not decide who gets rights and neither will engaging in extramarital affairs. Sexual orientation has absolutely no legal impact on outcome of these cases. Children usually remain in the residential custody of the primary caregiver, but not always. Cases concerning fathers,that were once problematic, are now possible if the father is found to be the parent better able to care for the needs of the family. So, fathers rights child custody cases are now easier to pursue.

Both parents are held responsible under the law to provide child support their family financially. The parent with full custody of child has fulfilled this and the non-custodial parent is then ordered to pay child support to fulfill this responsibility. The best custody solutions are the ones that parents work out together for the good of their family. Joint custody refers to both parents continuing making decisions together concerning each child. In many of these situations, the judge may not order either to pay any child support if residential time and child expenses are shared equally. Some states may use their support formula to decide the amount of support one parent must pay the other to equalize the responsibility. Still others figure support amounts by the number of days spent with each parent. In both mothers and fathers rights child custody cases, the final goal is taking care of their children.

The author has spent a lot of time learning about fathers rights child custody and other related topics. Read more about child custody fathers rights at Mel Davey’s website.

Article Source:

Child Custody Fathers Rights – Are Fathers Really at a Disadvantage in the Family Court System?

July 24, 2009 by Maricopa County Court  
Filed under Family Court

By E Brooks -

There are numerous articles, websites, and organizations that are dedicated to fighting for fathers rights. The common knowledge seems to be that father face an uphill battle and that mothers will always do better in family court than fathers. But are these based on truths or perception, or could something else be going on here?

If you search on fathers rights, fathers custody rights, or any other variation of these terms you will find a listing of websites that will try and tell you that if you are a father you can expect the family court system to fail you miserably. In my experience with fathers seeking a custody order they often start their conversation by capitulating their position and asking how much visitation time they can get if they throw themselves on the mercy of the court.

So imagine how a father who has no representation and simply accepts his fate would be treated by the court system. He would simply take what was given and then perpetuate the notion that the de facto standard is still intact. But it doesn’t need to be that way.

In my experience fathers are at a gender disadvantage when the child is an infant and is still breast feeding. But after that the gender gap narrows considerably. There are still problems that occur more frequently for men than women but they are primarily based on things like routines. If a man is the primary caregiver (as has been dominant in our society) and mother stays home to raise the child, then the court may be reluctant to change the routine. But this issue is about changing the child’s routine and not the gender. This outcome is based on routine an not gender.

What that tells us is that if a man takes the time to educate himself about how the family court system works and applies that knowledge to his own personal strategy, then he stands a great chance of getting the outcome he expects. This is a far cry from the poor man that simply shrugged his shoulders and let the system happen to him.

But what about the man who can’t afford an attorney to represent him? Can he still expect to have a favorable outcome against his ex’s attorney? I believe he can. It takes dedication and time to learn the system but it can be done and the results can be better than you ever imagined. The reason is that if a man handles his own strategy he can take advantage of his intimate knowledge of the case and the ex and exploit that knowledge when the opportunity presents itself.

Want to learn more about high conflict child custody resolution? Receive my brand new series <a target=”_new” href=””>Child Custody</A> “Court Processes and Case Flow”.

Want to learn more about handling <a target=”_new” href=””>Child Visitation</A> issues you can find it here.

Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be.

Article Source:

SEO Powered by Platinum SEO from Techblissonline