As a mother or father facing a family law proceeding, including a divorce or custody case, you need to understand your basic rights. Despite major differences in family law statutes from state-to-state, the general rights extended to both parents are similar in all U.S. jurisdictions, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
History
Prior to the mid-1980s and early-1990s, not all jurisdictions maintained laws granting equal rights to mothers and fathers in divorce, legal separation and annulment cases, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. For example, in rendering custody decisions before this time, many state laws and courts recognized a preference for mothers. Preferences of this nature, based on gender, were eliminated by the middle part in the 1990s across the country.
Benefits
The benefits of the rights of mothers and fathers in divorce and other family law proceedings, including gender equality, ensure that both parents possess the chance to maintain meaningful relationships with their children. In addition, these rights work to ensure that mothers and fathers enjoy equal access to marital finances and resources, according to the American Bar Association Section of Family Law.
Potential
Because of gender equality in rights of mothers and fathers in the family law arena, a mother or father can win custody of a child. Similarly, despite gender, either spouse can end up paying alimony or spousal maintenance to the other. Either a mother or father can obtain possession of the marital residence.
Warning
Merely because a parent possesses certain rights does not mean that he can sit on the sidelines waiting for the court to enter favorable orders. Mothers and fathers must take affirmative steps to obtain their rights in family law proceedings. For example, if a father is interested in asserting his custody rights, he must file a motion with the court to commence court proceedings regarding these interests.
Expert Assistance
Mothers and fathers possess the right to seek legal assistance in family law proceedings, including divorce and custody cases. The reality is the family law statutes and procedures represent complicated legal matters. The American Bar Association maintains resources to assist mothers and fathers in seeking and finding legal representation.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
