Family Law Fighting For Child Custody

It is true that there exists a bias for the mother in child custody cases and this is because what lawyers call “maternal preference.” This means most judges would deem it better for the children if they remain in the care of their mother because it serves the best interest of the children to stay with the parent that assumes most of the physical and emotional care for the minors. That is, feeding, clothing, bathing, and even helping them study are tasks usually assigned to the mothers.
Before the 1970s, there was an even stronger case for children to stay with the mother after a divorce. This was the “Tender Years Presumption” which has since been set aside allowing fathers to take the lead in shared child custody.
In cases where the mother is being questioned about her ability to care for the children properly, the burden of proof usually lies with the father. It is a lopsided situation that is gradually changing as more men are becoming stay-at-home dads and society is accepting this trend as normal.
If you are the father going through a divorce and want custody of your children …
You will need to hire an excellent and experienced lawyer on child custody cases.
You will need to provide evidence that the mother is incapable of handling the children
and working full time.
You need to listen to your lawyer because you have rights as a parent and there are options you can pursue.
You can argue for shared child custody because 2 parents are still better than a single parent.
You will need to respect your ex-wife (and ask the same of her) for the sake of the children.
Finally, you should be ready to pay child support and not use a child custody case to avoid paying child support. The issue is the care and safety of the children. It should not be about money.
If you are the mother going through a divorce and want full custody …
You should be ready to give child support because in many states, the judge will calculate the cost of bringing up the children on the gross income of each parent. If you are earning, you may have to contribute to this fund.
If you win full custody, the amount of child support you will be awarded will also be calculated by the judge and not based on what you think you deserve to get.
You will have to find a competent lawyer because full custody is not easy especially if it is being done for personal gain or as a form of vendetta.
Child custody can be agreed upon without going through a court proceeding. In fact, it can be part of the divorce settlement and alimony. Visit this site for more information on the best internet divorce service. Both parties must agree and ask their lawyers to prepare the corresponding document.
Final Notes on Child Custody
Child custody is not always permanent. If the parent who has custody fails to protect the child and provide the child with the kind of support, material and otherwise, that the child needs, the other parent can go to court and fight for custody.
In the same manner, the jurisdiction on child support remains with the courts and it can be changed or adjusted by the judge. However, once the child becomes legally an adult, emancipated or passes away, the support ends automatically. The only other way child support can be stopped is when the paying parent goes to court, requests to have it terminated, and provides just reason.