We all hear of mothers receiving preferential treatment in family law when it comes to child custody and visitation. This is true in almost every family law court in all 50 states. Even though general public opinion tends to be that fathers and mothers have equal rights, the courts are still awarding primary custody in most cases to the mother, even when both parents are good parents. DadsLaw is helping to change the courts opinion and actions to treat fathers equally.
LEGAL CUSTODY vs. PHYSICAL CUSTODY:
Legal custody includes the control of your child's education and health and well-being. Deciding which school your child goes to, deciding which doctor and dentist your child goes to, deciding when to get braces or how to treat your child's injuries, diseases, etc. are all part of legal custody.
In almost all (but severe cases) father and mother of a child will equally share legal custody. You as a father have the right to be involved in all of these types of decisions regarding your child.
Physical Custody is the amount of time your child spends with you vs. mom. It is important for fathers to understand that their custody and visitation rights are the same as the mother's. Child psychologists generally agree that a child's physical and emotional best interest is 'frequent and constant contact with both parents'. The majority of the time, fathers who are genuinely devoted to their children are left with unjust custody orders from the court.
CUSTODY ORDERS:
Many parents try to work out custody and support agreements on their own to avoid potentially costly attorney and court involvement and never get a custody order from the court. This is a great situation when the parents are getting along and both are getting their fair access to the children. The majority of the time, however, not having a court order leaves the 'non-custodial parent' vulnerable to the whims of the 'primary custodial parent' (usually the mother). Without a custody order, the mother of your child could refuse to let you see your children and could move out of the community to another city, county, state or even to another county and you may have no grounds to get custody of your children back. A court ordered Custody Order will give you the power and control you need to ensure that your custody and visitation rights are not controlled or interrupted by your child's mother. You will also have legal options in the event that your child's mother abducts your child or attempts to move away with your child.
WHAT DOES THIS MEAN FOR YOU?
If You Live In the Same Community As Mom:
Living in the same community as your child's mother is the best opportunity to get true 50/50 physical custody of your child. When you and child's mother are both good parents, and you both have immediate and convenient access to your child's school and/or daycare facility, then it is generally your right to have equal access to your children. Many factors will influence the courts decision in this situation, such as whether an existing custody order exists, how involved you have been in your child's life so far, and work schedules. You will need to show that it is in your child's best interest to be with both parents equally in order to get this optimal custody arrangement. If you are in the same community as your child's mother and would like to explore your custody options, please contact a Child Custody attorney at DADSLAW, INC. now.
If You Do Not Live In the Same Community As Mom:
When you do not live in the same community as your child's mother, the option to have true 50/50 custody of your child is much less reasonable or feasible. There will need to be a 'primary custodial parent' where the child primarily lives with one parent (usually during the week when school is in session), and the parents share all the out of school time. When both parents are good parents, fathers and mothers have an equal right to be the primary custodial parent. The court will determine who is the primary custodial parent by determining which situation will be in the best interest of the child.
IF YOU OR MOM HAVE OTHER ISSUES WHICH MAY JEAPORDIZE YOUR CHILD:
In the event that there is drug abuse, alcohol abuse, physical abuse, mental abuse, mental illness, etc., one parent may need to have less, supervised or no parenting time with the children.
In a divorce situation, the best time to get a custody order is as soon as you realize that you and your child's mother will be separating.
In a paternity situation, the best time to get a custody order is as soon as you find out you are (or may be) the father.
Read our Do's and Don'ts to find out more.
