Do Judges Prefer Giving Child Custody to Mothers?

Do Judges Prefer Giving Child Custody to Mothers?

The politically correct answer is no.  The reality is, sometimes, possibly.

In the past, it was assumed that children should stay with their mother if the mother and father divorce.  In fact, some states had laws on the books that favored the mother getting custody.  And even without statutes giving preference to the mothers, it was an unspoken rule of thumb.  However, most states don’t adhere this unspoken rule anymore. Some jurisdictions even have even statutes stating that there shouldn’t be a custody preference that favors women over men.

The laws in your state may vary when it comes to the factors courts must consider to determine arrangements for child custody. However, according to current laws across the country, the judge awards custody based on the child’s best interests.

The reality is, in many instances, mothers may be more likely to fit this description. This is primarily based on the structure of the marriage of family, since more women stay at home with their children than men do, while the husband works. Of course, things are changing,and there are more fathers caring for children at home while the mother is working outside of the home.

If you’re a father going through a divorce, it’s vital to know which factors the courts will use to determine if you should be awarded custody. You’ll have to prove your value when it comes to those elements, whether you want visitation with your child, joint custody, or sole custody.

One of the key factors that comes into play when it comes to custody is which parent is the primary caregiver for the child. This is also referred to in some courts as the parent who is most qualified to meet the needs of the child.

In some families, these duties are shared by both parents. Some couples also decide that the father will stay at home with the children. However, even though more women are working full time these days, they still are more likely to be the primary caregiver for the children.

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The Benefits of Establishing Paternity

 

Why It’s Important to Legally Document Fatherhood

When a married couple has a child, both parents are presumed under the law to be the legal parents without any documentation to that effect from the court. However, when a child is born to two single people, the father must legally establish paternity before any rights and responsibilities can be given to him.

There are many other reasons for establishing paternity:

Child Support:  By establishing paternity, you can meet obligation of supporting your child and avoid a large amount of arrears accumulating.

Benefits:  Children are entitled to receive benefits from the government under certain circumstances. If the father was a veteran, the child may be able to receive disability and/or death benefits from Veteran’s Administration. Likewise, Social Security also pays benefits to minor children of deceased parents so it’s to the child’s financial benefit to have the biological father legally documented.

Inheritance:  Unless a child is specifically named in the will of his or her father, he or she cannot receive any inheritance if paternity has not been established. Paternity also enables the child to receive inheritances from other family members on the father’s side when the relative passes on without a will.

Adoption:  In order for a child to be adopted by a step-parent or other guardian, both biological parents must generally agree to the adoption. If paternity has not been established in court, the father will be unable to contest any actions for adoption.

In addition to legal issues, there are also some personal yet equally important reasons to establish paternity:

Things Can Change:  If relationships are strained now it doesn’t necessarily mean that things won’t change in the future. They can, and they frequently do. Establishing paternity leaves the door open for the child and the father to reconnect at a later time and possibly build a lasting relationship. Without establishing paternity, the child may never know who his or her biological father is.

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What Every Parent Should Know About Family Law

A frequently asked question about family law is "what exactly is included in family law?"

Family law involves a variety of different topics that relate to legal family matters, such as paternity, child custody, child support, legal separation, divorce, pre-nuptial agreements, civil unions, guardianship and other certain factors that relate to children, like adoption, parenting time, and termination of parental rights.

Because there are such a broad range of topics within family law, it can appear overwhelming at times.  So, what are a few of the basics that everyone should know about family law.

Considering child custody and child support are two of the most common areas of family law, two phrases can provide a lot of information when it comes to these topics.  (1)  Change of circumstances; and (2) best interests of the children.  In short, if there is a substantial change in circumstances (parent moving, new job, etc.), one may be able to seek a modification of child custody or child support, or both.  And when it comes to evaluating and deciding on these issues, the judge will always put emphasis on what is in the best interests of the children.

In seeking resolution to family law issues, parties are generally best if they try avoid a court case, especially when there are children involved in the matter at hand.  Whenever possible, if the parents can reach a satisfactory solution for all of the family, without the taking the time, expense and risk of the unknown, all parties are usually better off.

However, reaching a mutual agreement is not always possible.  In those cases, one may need to petition the court to resolve their family law matter.  Unfortunately, retaining an attorney can cost thousands of dollars.  The good news is, if one cannot afford an attorney, representing oneself in family court is fairly common.  And with the help of an affordable, professional family law resource, resolving your case without an attorney is a realistic option.

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What are the Legal Grounds for Divorce?

Like so many areas of law, the legal grounds for divorce can vary from state to state.

While there are many reasons why couples who vowed to stay together in sickness and in health, for richer and for poorer... decide to end their marriage, the law acknowledges only certain legal grounds for divorce.  Some of the grounds for divorce, again depending on the jurisdiction, may include:

• Unreasonable behavior – mental disorders, harassment, bullying, violent tendencies or cruelty, and abuse.  That a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
• Adultery or infidelity – one or both spouses committed adultery and forgiveness or giving another chance is not an option.
• Criminal conviction and/or imprisonment.
  
• Dissertation – one spouse has left and lost contact for over 5 years and not showing any sign or intention of going back home.
• Separation with consent – couples that agreed to live separately for two years or more and consider their relationship as over and done.
• Separation without consent – a couple living separately for five years or more.
• Mental incapacity at time of marriage.
• Mental or physical abuse

Check your state laws to be sure, but these are the most common grounds for divorce across various states.

No-fault divorces are more common and are typically faster and simpler forms of divorce proceedings. Since there is no burden of proof, the proceedings and/or trials tend to be quicker and less expensive than their counterparts.

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Enforcing a Child Support Order

When it comes to child support enforcement, many parents don't know where to turn to get the issue resolved.  All states have child support services that may assist with collecting back child support. However, this bureaucratic and often confusing process can often take several months or years, and often with no success.  When a delay happens, parents can get discourage and ultimately not follow through the trying to enforce child support.  Unfortunately, such inaction will be to the detriment of their child(ren).

Another option available to the custodial parent who receives child support is to go through the courts. Rather than waiting for the child support agency to take action, a parent can be proactive by petitioning the court to enforce the order and hold the obligor parent (the one who has been ordered to pay child support) in contempt for violation of the child support order. This process is generally much faster and more effective. 

Often, the parent who is not receiving the child support may be having financial difficulties limiting his or her ability to get legal help from an attorney, which can cost thousands of dollars. Fortunately, there are alternatives. 

A common solution is to do-it-yourself, however this may be difficult for some. However, utilizing the benefits of a credible family law help resource, it actually can be quite simple.

Another affordable alternative is to use a legal document preparation company. Fair warning: only use a company that is owned and operated by attorneys. If the company is not owned and operated by attorneys, they may be committing the unauthorized practice of law. In addition, you will not be getting the quality of service for which you think you are paying for your child support help.

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Affordable Family Law Help

The reality is, most people cannot afford to spend thousands of dollars to retain an attorney when they have a child custody, child support, paternity or other family law case.  To make matters worse, sometimes these issues come up several times while your child(ren) are minors.  To spend thousands of dollars every time on a family law lawyer is even more unrealistic.

Fortunately, there are professional legal help options.  Some services, such as FamilyLawInsider.com from The Attorney Connection, provide a solution for any budget.  Get access to thousands of family law documents and forms, for all 50 states, and get access to attorney support.  

Statistically, over 70% of people represent themselves in family law cases.  With Family Law Insider, you can get professional legal help from experienced family law attorneys so that you are not doing it entirely on your own, and still save thousands of dollars.

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