Fathers Have Equal Rights to Custody of Children After a Divorce

June 19, 2011

Fathers Have Equal Rights to Custody of Children After a Divorce

As Father's Day approaches, it is worth noting the changing attitudes courts have towards divorcing fathers. Attorneys are seeing the results of a "father's rights movement" in family law. The long-held bias against fathers obtaining custody of children after divorce is slowly becoming less apparent in today's courtrooms.

The movement is partially the result of society's changing views of a father's role in child rearing. Currently, most fathers seek at least some form of joint custody over their children, and it is no longer particularly surprising to see a father obtain physical custody of his child or children.

A court decides custody according to the best interests of the child, including the child's express wishes. In cases where the child is a teenager, it can sometimes be as simple as the teenager stating to the court he or she would rather live with the father. Courts often use a child's wishes when deciding custody matters, so long as the child is old enough to understand why he or she wants to live with a certain parent. The court will also consider the wishes of the parents, the interaction between the child and each parent and the mental and physical health of everyone involved.

Courts are also becoming more likely to award joint custody to encourage co-parenting, unless there are reasons a divorcing spouse is an unfit parent, such as a history of abuse or drug addiction. There are two types of custody, physical and legal. The parent with physical custody will live with the child most of the time. Physical custody can be shared, however, and the noncustodial parent can be awarded visitation rights. Obtaining legal custody allows a parent to be involved in decision-making for the child, with regard to education, religious training and medical decisions. Legal custody can also be shared by both parents.

A Family Law Attorney Can Help

Women file for divorce about two-thirds of the time in marriages with children, according to the National Center for Health Statistics. Some experts speculate that men are more likely to stay in a failing marriage because of concerns they will not be able to see their children. While there is no guarantee a court will award custody to one parent or the other, changing attitudes towards a father's right to share in the parenting of a child can make it easier for a father to retain the right to parent his child even after divorce.

If you are contemplating a divorce, speak to a family law attorney to further discuss your rights.

Article provided by DiBella Law Offices, P.C.
Visit us at http://www.dibellalawoffice.com