Understanding Father’s Rights in Divorce

What is called “fathers’ rights” is movement in the service of the idea that custody decisions should not discriminate against fathers. Support groups, including Fathers for Equal Rights in Miami and Fathers Are Forever in California, provide support for fathers who feel unfairly treated by the legal system.

The sparks start to fly when the custodial mother decides to move with the children, especially an extended distance from the non-custodial father. 

Also keep in mine that the courts generally awards at least physical custody of children to the mother unless is is proven in court that she is not capable. The problems really begin to occur when she needs or wants to relocate. With or without the approval of the court, the children now live a greater distance from the noncustodial father and it instantly increases the difficulties of nurturing or maintaining a relationship with the child. Under these circumstances, desperate fathers may kidnap children, and divorced parents start playing the game of accusing each other of causing parental alienation.

Many scholars believe that the current system of child support payments often leads mothers to deny fathers access to their children until they have paid what they owe, thus souring the relationship between all three. Indeed, the study found that fathers who did not visit their kids gave only about half as much in-kind support as those who spent at least 10 hours a month with them.

How much involvement each parent has had is the most critical factor in determining both the amount of visitation that each parent will have as well as the amount of child support he or she will be obligated to pay. It is uncommon for household duties to be split 50-50, Even in dual income households, one spouse typically bears a disproportionate level of the parenting responsibilities.

The courts do not arbitrarily favor mothers over fathers. The spouse who is the primary parental figure remains that after the divorce. This is the case regardless of the gender of the primary custodial parent.

The court seeks to maintain what is closest to continuity for the children. 

 The primary thing a court will look at is consider is whether or not the  father is as involved in the children’s lives and takes a vested interest on a daily basis in parenting by taking the children to school events,, extra curricular activities doctor visits and other daily routine events.

A divorcing parent should also do all he or she can to maintain a strong and meaningful  relationship with the child(ren). If one does not focus and nurture the relationship, a child will often end up being treated like a piece of property. Fighting over children should never be negotiated along with property: when it comes to determining custody, visitation and child support, the primary focus should be to build the most effective co-parenting relationship possible as children are not ever to be co.

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