Divorce cases have constantly been on the rise among American families over the past few decades. The termination of a marriage by itself is just one among many other pertinent considerations couples have to face along the divorce process. Others are property division, child support, spousal maintenance, and of course, the elephant in the room; child custody. Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children’s lives pre and post-divorce. Although each divorce case is unique (and should be treated that way), the main cause for this, in most cases, is the traditional notion and presumption that the mother is always better suited to take care of the children’s emotional needs. In contrast, families only needed the father for financial contributions.
The best way a father can fight for his children’s custody and overcome cultural and legal bias is by getting the most qualified and experienced attorney, which is our specialty here at Jensen Family Law. Family law courts have the mandate by law to give a ruling based on the child’s best interests (ren). For cases where joint custody is not applicable for some reason, the court will look into the facts surrounding the case and award custody to the parent, who’ll most likely provide the best conditions for the child’s development into adulthood.
Traditionally, gender roles were clear-cut, and mothers were tasked with primarily bringing up the children while fathers worked to provide for the family. There was no debate as to who got the child’s custody in the case of a divorce. Men rarely fought for their kids’ custody, and even when they did, the ruling would almost always favor the mother. In situations where mothers died, relatives would take children’s custody as fathers needed to earn money.
Nowadays, gender roles have changed, and most fathers have openly taken into everyday duties of raising their children. On the other hand, most mothers are actively working, and families have resorted to splitting child-rearing duties based on who’s free at a given time. Fathers now, more than ever, stand a good chance of getting child custody if they wage a good fight in the family courts by taking all relevant facts into account.
Despite all these changes, societal expectations and opinions are yet to catch up, and there are still some low-key biases on who should get the child’s custody. Generally, no matter how dedicated or active a father can be in doing child-rearing chores, they almost can never match the natural adeptness and attention to detail that mothers have. Women often bring up such matters in court, and this increases their chances of winning custody.
No matter the type of custody you’re seeking as a father, it’s crucial to understand some factors that a family court largely considers in determining custody. Knowing them will guide your preparation for the case and increase your chances of getting custody.
Determining the child’s primary caregiver is crucial and can be a turning point in determining which parent is to be awarded custody. This is the parent who’s considered most likely, under different circumstances, to be able to meet most of the child’s needs.
This standard is used to accurately tell the parent who’s always played the bigger role in daily childcare activities such as bathing, dressing, feeding, outings, doctor’s appointments, and so on. These chores are often split among families depending on each parent’s schedules; however, most women still take on a larger role as primary caregivers. As a father who’s keen on being awarded your child’s custody after divorce, it’s vital to start engaging yourself more in meeting the various needs of your child. Stay at home dads have an easy time fulfilling such responsibilities as they spend most of their time with the kids.
Family law proceedings usually peg the best interests of the child as the most important consideration. This means that the court can renounce the privilege of a primary carer from either parent in the light of new evidence disproving best interest.
The bond between the parent and child is another important consideration family courts look at when determining custody. Mothers often score higher when it comes to bonding levels with their kids; the probability is even higher in younger children. The early bonding between the mother and child is naturally different from that of the father due to the closeness during their formative years. This is not to say that a father stands no chance in successfully building a lasting bond with the child. The more close, concerned, and participating a father is to the child and their needs, the stronger the bond.
As a father seeking custody, your bond with your child has to be sincere. The judge will consider the role you played in parenting and whether or not you proved to be dedicated to doing so.
Another factor that influences the best interests of the child is the level of cooperation between parents in parental duties and responsibilities. A parent capable of boosting the relationship between the children and the other parent is considered ideal to be awarded custody. There are many aspects the court will consider in determining cooperation levels between parents. The judge will want to know whether the parents argue or fight in front of the child, whether one parent talks ill of the other to the child in a bid to alienate them.
To increase your chances of getting custody or visitation rights as a father, always strive to avoid showing outbursts or any show of anger towards your spouse (more so in front of the kids).
As we’ve mentioned before, every divorce case is different, and the chances of getting any form of custody for your child can be increased if you engage the services of an expert attorney from the start. Consult us today at https://www.familylawattorneymesaaz.net/ for the best family law attorneys in Mesa, Arizona.
Jensen Family Law,
3740 E Southern Ave Suite 210 Mesa AZ 85206,
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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.
We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.
For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.