Divorce Pain and Suffering - Battles
Key Points
  • In the midst of a divorce battle women are not guaranteed an award of custody.
  • In a contested divorce with children, mom must prove to the court why it is in the best interest of the children to stay with her.
  • Joint custody is often in the best interest of the child and parents should love their children more rather than winning the custody battle.
  • Divorce and custody disputes hurt the child much more than the parents.

And unfortunately, despite the emancipation of women, child custody and visitation battles remain a common feature of many bitter divorces. While women generally have an advantage here, a mother cannot automatically assume she will be awarded custody of the children in contested cases. In the event of a dispute, a mother must prove to the court that her custody is in "the best interest of the child." In practice, unfortunately, this often means documenting the shortcomings of her estranged husband.

When couples cooperate, courts increasingly award joint custody because the routine puts childrearing upon the shoulders of both parents. In fact, some jurisdictions could now work from a presumption that joint custody is in "the best interests of the child."

Even in jurisdictions where fault remains an option, more and more divorces are uncontested. However, in cases where divorces go to trial - probably less five percent - liberalization and no-fault have not eased the acrimony and the pain and suffering of a divorce battle. Indeed, in the past forty years, law firms specializing as counsel for men or counsel for women market themselves as "fathers’ rights" and "mothers’ rights" firms. Many lawyers caution that judges throw a very cold eye on the tactics used by gender rights attorneys. Judges can spot attorneys who come to court with a gender agenda. And the court may become reflexively skeptical about the good faith of such practitioners.

Useful Online Tools

Suggested Reading
The Women's Rights Manual for Divorce The Women's Rights Manual for Divorce
What you are experiencing or contemplating is probably going to be the most difficult time of your life. Separation and divorce can break anyone emotionally and financially if you let it. Your future is in your hands. This manual gives you easy access to your rights, which will provide you the needed protection for you to have a successful divorce.

Download Now

Related Article Archives
Child Support
Court Procedures
Custody & Visitation
Domestic Violence
Spousal Support
    All Article Archives

Related Categories
Child Relocation
Collect & Paying Child Support
Divorce & Pets
Name Change & Divorce
Pensions & Divorce
    All Categories
Related Forums
Child Custody
Child Removal
Child Support
Financial Aspects
Spousal Support
Women's Rights
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
VISITATION – Parental visitation is a right that belongs to the child, and a single parent who does not have custody can seek visitation. No parent has the right to deny unilaterally the child's right of visitation with the other parent. If a single mother has primary custody but she feels that paternal visitation should not occur because of abuse on the father's part, she has the right to petition the court to ask that paternal visitation be denied so long as she can provide evidence of abuse.
Start Divorce
Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Women's Book Women's Rights Manual for Divorce

Women's Rights Manual for Divorce

Women's Rights Manual for Divorce


Featured Download The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases

The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases

The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site