Contemplating a divorce or legal separation case can be an emotionally challenging and legally confusing experience for you, particularly if you are the father of a child. You likely find yourself struggling with a variety of matters, including coming to an understanding of your child custody rights in divorce or legal separation proceedings.
Misconceptions
A common misconception persists in jurisdictions across the country. Many parents wrongly assume that a mother has a statutory preference in regard to awarding custody. In fact, child custody laws in all states adhere to the concept of gender equality when it comes to the award of child custody in divorce and legal separation cases, according to NOLO. A mother is not provided a preference in custody decisions merely because of her sex.
Types
Your rights as a father extend to two types of custody: legal and physical. Legal custody represents the right of a parent to make important decisions for a child, according to Cornell University Law School. Physical custody is the right to provide a home for a child.
Considerations
As a father seeking to obtain custody during divorce proceedings, you must satisfy the universal standard applied in all such cases in the United States. You must persuade the court that granting you custody is in the best interests of your child, according to "Child Custody A to Z" by Guy J. White. Accomplishing this objective requires you to provide the court information about your overall health, which parent historically provided primary care for your child and the nature of the residence you maintain.
Change Custody
If a custody order is in place, you have the right to seek a change of the arrangement. You file a motion to change custody with the court that issued the initial order. In exercising your right to change custody, you need to demonstrate that a material change of circumstances occurred, according to Cornell University Law School. What this means is that you need to show the court that a negative change occurred in regard to the custodial arrangement that jeopardizes the interests of the minor child.
Expert Assistance
A fundamental right you maintain as a father in a custody matter is to obtain legal representation. Finding an experienced attorney can be accomplished by using the directory resources at the American Bar Association. The ABA maintains a directory of local and state bar associations. Through this directory, you access attorney organizations in your local community where you can find lawyers that practice in different areas of the law.
References
- Cornell University Law School: Child Custody Overview
- "Child Custody A to Z"; Guy J. White; 2005
- American Bar Association: Section of Family Law
