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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How to Get a Copy of a Court Order?

 

Too often, a parent needs to take legal action on a custody or child support issue, but does not have a copy of the most recent court order.  If you do not have a copy of the order(s), you can contact the court (or Child Support Agency, where applicable) that issued the order(s) and request that they send you a copy.  

 

Typically, it involved calling the court clerk's office, and letting them know you would like to request a copy of your child custody order or child support order.  They can then tell you what the copying fee will be, and usually will tell you to mail a request, with the check and a self-addressed stamped envelope, so that they can return it to you with a copy of the court order.

 

You should always keep a copy of any existing orders for your records.   This is important so that you know, and and can protect, your legal rights.  

 

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TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

Although you have an absolute right to represent yourself, there are significant risks and
responsibilities which go along with that right. It is important that you carefully examine the risks
at every stage of the court process to determine if you are able to go forward without an attorney.  If you cannot afford to retain an attorney, you should also look into getting some type of more affordable, limited scope type help from a family law attorney.

1.  Keep all of your legal papers organized and in one place.
2. ‚ Keep track of important dates in your case, such as filing deadlines, response deadlines,confirmation times, hearing dates and trial dates.
3. Preparing Your Forms.  Family Law Forms for Court Pleadings usually are available at the Clerk’s Office or on the Court's website.
4. If there is one in he County in which your case is being heard, it is a good idea to review all pleadings with the Courthouse Facilitator before going forward to make sure you have the right forms.
5. File your documents with the Court and have the other party(s) properly served with the documents (generally you can have the local sheriff serve them).
6. Get a Hearing date.
7. Dress professionally for Court.
8. Arrive early to Court.
9. When your case is called, you walk forward to the Bar, behind which are sitting the Clerk and Judge. You can put your papers and notes on top of the Bar or Counsel Table.
10.  Speak only to the Judge and not to the other party. Unless you have a legal objection, do not interrupt the other side.  Keep your argument simple and relevant to the issues.  Tell the Judge what you want and why you want it.  If necessary, counter any arguments brought up by the other party.
11. Conclude with a summary of what you want.
12. If you are the one seeking an Order of the Court, have a proposed Order with you so that the Judge’s ruling can be set out in writing and filed promptly. 

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What is the Putative Father Registry?

The Putative Father Registry records the names and addresses of fathers (or men who believe they are fathers) of children born outside  of marriage.
 
Why should a father put his name on the Putative Father Registry?
The Putative Father Registry allows a man to “officially” claim he is the father of a child. A man may want to do this before paternity is legally established if he can’t find the child’s mother or if the mother doesn’t want to establish paternity for the child.
 
The Putative Father Registry is used in adoption proceedings to identify the child’s father, and promptly secure his consent to proceed with the adoption. A man who is concerned that his child may be adopted without his consent should place his name on the Putative Father Registry before the child’s birth or within a certain amount days (depending on the state) of the child’s birth in order to be notified of an adoption proceeding for the child. Failure to file in a timely manner shall waive a man’s right to withhold consent to an adoption proceeding unless certain factor(s) exist.
 
Notice of Intent to Claim Paternity
A man’s name is added to the Putative Father Registry when a court order is entered saying he is the legal father. A man can also add his name to the Putative Father Registry by filing a Notice of Intent to Claim Paternity or Acknowledgment of Paternity (or similar document) with the Bureau of Vital Records (or similar department).  Filing this notice does not establish legal paternity, but it does create an official record of the man’s claim to be the father of a child. The man’s name is not added to the child’s birth certificate. A man should contact the Bureau of Vital Records (or equivalent department) if he wants to add his name to the registry.
 
A person filing a Notice of Intent to Claim Paternity of a child shall notify the registry of any change of address.
 
Who should register?
A man who is not married to a child’s mother may acknowledge paternity by completing the Notice of Intent to Claim Paternity. The completed form must be notarized and mailed to the Putative Father Registry.
 
A person who has filed a Notice of Intent to Claim Paternity sometimes may be able to revoke a Notice of Intent to Claim Paternity by submitting a rescission to the Bureau of Vital Records (or equivalent department).
 
An un-revoked Notice of Intent to Claim Paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
 
Voluntary acknowledgement of paternity
Parents can voluntarily establish paternity for their child by completing an Affidavit Acknowledging Paternity any time after their child’s birth. When both parents properly complete and sign this affidavit, the man’s name can be added to the child’s birth certificate and the man becomes the legal father of the child. This affidavit can have the same effect as a court order establishing paternity (in most jurisdictions) and can be used as a basis for entering a child support order.

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How to Appear in Court via Telephone

 Many courts allow parties to the case, including family law cases, to appear by telephone, particularly if one lives a significant distance from the Court.  Please be aware that the use of a telephone appearance must be approved by the Court in advance and may cost the party a small fee. However, many do not charge those litigants who are indigent and have secured a waiver of costs.

Generally, in order to participate by telephone a proper request/motion must be timely filed with the Clerk of Court well in-advance of the court hearing date.  The specific process can vary from court to court, so contact the applicable court clerk as soon as possible to determine what you need if you need to request to appear by telephone. 

IMPORTANT:  If possible, it is always best to appear for court in person.  Remember, family law judges are human, and in-person appearances are more likely to have a positive impact on the court because is shows the court how serious you take your case.  

This article is for information purposes only, to provide people more knowledge and a better understanding of family law, including child support and child custody cases, so that you may better assert and protect your rights.  It is not intended as a substitute for legal advice from a licensed attorney in your jurisdiction.

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How to Win Your Child Support Case Without An Attorney

What If I Cannot Find the Other Party for Service of Legal Action?

 Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action, such as a paternity, child custody or child support case is pending against him or her. 

What is Service by Publication?

When a legal action is initiated against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to official notification published in the newspaper. Notice of publication must conform to certain legislated guidelines in the areas of process and format.

How Does Service by Publication Work?

This process refers to the act of serving a summons or another legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an unknown, intentionally absent or in-hiding defendant. Constructive notice assumes that the defendant receives the notice even when not delivered in person. This service of process is permitted only on a judge’s order after a sworn declaration has been given of the failure to locate the defendant after exercising due diligence. The court considers publication effective whether or not it is read by the defendant.

If you have exhausted all of the methods to have the individual served by personal service, you may be able to have the person served through another method, specifically Service by Publication.

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