There has been a growing movement for fathers to receive more recognition and equality in family law, with many groups advocating for changes in child custody laws and in child support payments. Despite the efforts of pro-dad groups, however, some fathers are still at a disadvantage in divorce cases.
For example, fathers are often at a disadvantage because of the presumption in common law jurisdictions that children should always be placed in the custody of their mothers following divorce. This is known as the “tender years” doctrine, and it was adopted by most jurisdictions in the twentieth century. This policy held that, absent some glaring evidence that the mother was unfit to care for the children, it was in the best interests of the children to place them with their mothers.
As a result, fathers who seek physical custody of their children are at a disadvantage in most custody disputes. Judges typically give custody to the mother in the majority of cases, although they are increasingly deciding on joint legal and physical custody.
Even when fathers are given primary custody, they are still at a significant disadvantage in the court system. The father must be prepared to fight for his rights and be prepared to present evidence about the reasons he deserves to have full custody of the children.
Moreover, if a judge believes that the father does not provide proper care to the children, it can be a criminal act for the father to fail to protect his children from their mother’s abusive or negligent behavior. This can be particularly true in situations where a father’s behavior may lead to his ex-wife’s drug and alcohol abuse.
The Future of Fathers’ Rights: Trends in Family Law
During the past century, child custody laws in most jurisdictions have shifted away from the presumption that children should always be in the custody of their mothers. This is based on the development of psychological science and has led to an acceptance that children do best when they are in a stable environment with both parents.
In order to make this a reality, judges must express their judgments in a completely fair and objective manner. Unfortunately, in a large number of cases, this can be difficult to achieve.
Fathers who are considering a divorce may want to consider hiring an experienced family lawyer to assist them in their case. An experienced family lawyer will be able to explain the law and help ensure that both parties understand the importance of their respective rights and responsibilities in the divorce process. This will ensure that both sides are in a position to make sound decisions regarding their children’s well-being and future. This can save both parties a great deal of time and money in the court system.
If you are a father in Florida and want to pursue custody of your children, you need to contact a reputable Miami divorce lawyer who specializes in helping fathers. These attorneys can guide you through the entire process, from establishing paternity to fighting for full custody and visitation.