Child Custody lawyer for father – When a marriage ends due to separation or divorce, parents have to make arrangements for the care and custody of their minor children. Until the 20th century, mothers were considered the fittest to take care of the needs of minor children and so they were granted physical and legal custody but today courts are giving emphasis on divorced fathers and giving them opportunities to involve themselves in the growth and development of their children.
If you are a father willing to win your child custody case then having a lawyer by your side is important. This guide will throw light on why a child custody lawyer for a father is important and how you can get custody of a child.
Highlights of this Post
What Are The Benefits Of Hiring A Child Custody Lawyer For Father?
Fathers play a critical role in the lives of their children. Having the custody of a child means you get legal responsibilities and rights over your little ones. There are different types of custody such as physical custody where the child gets to spend time with you and legal custody where you can make decisions for your children.
Hiring a child custody lawyer is an amazing way to make sure your children are taken care of. Following are the incredible benefits of hiring a child custody attorney for a father.
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Reduced Stress
The best perk of hiring a child attorney lawyer is the reduced overall stress. By having an expert child attorney by your side you can take good care of both yourself and your children. You can have peace of mind when you know you can get expert advice and suggestions from a lawyer. Reducing stress will have a positive impact on your mental and physical health.
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Better Understanding Of Law
A notable advantage of hiring a child custody attorney is that fathers can get a better understanding of the law. Without their knowledge and guidance, it becomes difficult to understand the legal nuances and know your rights as a father. To avoid further issues in the future or to know more about child custody lawyers you can hire a skilled lawyer for yourself.
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Minimize The Impact On Your Child
Irrespective of how amicable your legal divorce case is, it can have some impact on your little one. This is why it is important to hire an attorney to minimize the impact on your child. Child custody attorneys help parents to reach an agreement that is in the best interest of their children. Children of divorced parents are likely to engage in serious risky behavior so you can avoid these complications for your child.
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Improved Chances Of Winning Child Custody
Without an expert lawyer by your side, the chance of getting custody of your children is slim. This will help you to become the prime candidate for getting guardianship. Your child custody attorney will be able to negotiate with your ex-spouse on your behalf and will be able to reach an agreement even without going to court.
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Improve Communication With Your Ex-Spouse
A key benefit of hiring a child custody attorney is that they can improve communication between you and your former partner. Your attorney will be the only form of communication between both parties. Having a divorce is never easy and sometimes it can lead to heated arguments and conflicts. In some circumstances, it becomes difficult to secure the custody of your child so you need to follow your attorney’s advice.
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Gather Evidence
When it comes to child custody cases you have to gather relevant evidence to win custody. Lawyers will help you to get the right advice and gather relevant evidence for your court case. They have an in-depth comprehension of child custody so they can make the most efficient choices.
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Avoid Costly Mistakes
While fulfilling legal obligations related to child custody cases as a father mistakes are likely to happen that can result in hefty fines. Having a competent child custody lawyer will make sure you avoid these mistakes and get a speedy resolution. They will also help you to fulfill all the legal paperwork and formalities required by the court.
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How do I as a father win child custody?
Unfortunately, custody battles can often be long-drawn and complicated. In such a scenario, the best way for you to move forward would be to take the requisite steps to be able to win custody. Here are some of the factors that you must consider
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Be focussed on the issue of custody from the very beginning
One of the first and the most important things that you must-do if you want to take custody of your child as a father is to ensure that you take the entire process seriously. If you want to retain primary custody, you should make this very clear from the beginning and take the requisite steps to make this come true. You should be able to understand and articulate the needs of your child, and also ensure that you can provide a safe environment for your child.
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Seeking help from attorneys
The second, and the most important thing is to involve lawyers. Lawyers are not only aware of the entire scenario that you will be facing, but will also be aware of the legal provisions, and how to work them to ensure that you retain the custody of your child.
If your partner has a lawyer, that is all the more a reason as to why you should ensure that you engage one. When one side is represented by someone who knows legal provisions and another side is not, then the obvious benefit is conferred upon the side with a lawyer. Therefore, ensure that you get legal representation!
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Stick to the child custody issue fully
There are many times that the court may order that the custody of the child has to be shared between both the parents in a 50-50 proportion. However, in situations where you think this may hurt your child, this is not at all an ideal option. In such a scenario, you must be very clear and insist upon full custody of your child, if that is what you are seeking.
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If you want to be reasonable, consider sharing custody
Every parent wants the best for their child, and unless your partner is likely to affect and hurt your child, the truth is that the child is likely to do better with the company of both of the parents. If this is ordered by the court, ensure that you cooperate with the mother and try to create a reality wherein the best possible is done for your child!
What Should I Look For In A Child Custody Lawyer For Fathers?
If you are looking for ways to hire a child custody lawyer then you need to keep in mind important things to make a well-informed decision.
- First of all you need to make sure that the lawyer you are hiring has experience in handling cases similar to yours. This is because they can have a better understanding of the law that can apply to your case.
- Secondly fathers need to make sure that the lawyer they are hiring can make them feel comfortable with their case. You need to work closely with them so being comfortable is a priority.
- Lastly you need to make sure the lawyer you are hiring is affordable and within your budget. The last thing you would want is to end up in a huge amount of debt after your case has been resolved. You need to understand your financial situation when it comes to making fee payments for your child custody attorney. Having an expert and skilled child custody lawyer whom you’re comfortable communicating with at a reasonable rate will be an ideal option for you.
How Does The Court Determine Child Custody Case In Divorce?
If both the parents are unable to come to mutual agreement regarding child custody the court will hold hearings and collect evidence from both the parties to order custody and visitation rights. While making a decision about child custody the court gives priority to the best interest of the child.
The following are the factors that decide what is best for minor children.
- The age and gender of the child
- The physical and mental well-being of both parents and children involved
- The nature of the relationship between the guardians and parents during the marriage
- The impact of a change of community or residents on the social network of extracurricular activities, education and religious life of the child
- If any partner has been engaged in domestic abuse or violence
- If any partner has lifestyle choices like criminal activity or substance abuse that can put the child in harm
- The extent to which each guardian can provide for the financial requirements of the child and ensure their food, shelter, medical care and clothing.
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What Are The Father’s Rights Under Child Custody Law?
Traditionally if a child’s guardians or parents were not married then the mother of the child would be granted sole custody and the father would be given limited access to child custody. But today the status of custody determination in America has changed and fathers have a right to custody.
Following are the rights of a father in child custody law in America.
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Establishing Paternity
A father seeking custody of his child must establish and prove he is the child in the court. An unmarried woman giving birth to a child gets the sole physical and legal custody of the child until the identity of the father is established.
The child’s paternity will not be questioned if the mother of the child acknowledges the father of the child by naming him on the child’s birth certificate.
A man who believes he is the father of a child can request a paternity test and even seek court intervention or petition the court to order genetic testing if the mother of the child does not give consent. Having a paternity test by the court will prove whether a man is the father of the child.
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Petition For Custody
Once proved by the court through a paternity test the father has the right to seek custody of his children. Child custody can be given to the father without court intervention if both parents come to an agreement.
However, if there is a dispute or disagreement related to the custody of a child then the father can file a lawsuit and seek custody of the child. Generally, child custody is divided into physical custody, legal custody or joint custody.
The court grants sole custody to one parent in case when the other guardian is proven to be an unfit parent. In other cases, the court can give an order for joint custody and allow both parents to partake in the decision-making process regarding the child and spend equal time. The court determines the child custody case considering the best interest of the children.
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Petition For Name Change
The child is likely to get the mother’s last name if the father of a child is unknown or disputed at the time of the childbirth. A mother may choose not to give the father’s last name to the child for personal reasons.
A father can wish to petition the court that has jurisdiction over the child custody case to change the child’s last name. Whether the court will change the last name of a child or not depends on a lot of factors, for instance the age of the child and what good or bad effect it can bring on the child.
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Other Rights
The custodial rights of a father are equal to those of a mother. You can ask the court for joint/ sole physical custody and/or legal custody. A father who has been granted sole primary physical custody can receive child support from the father.
A father who has been granted physical custody can establish rules, make decisions for the children and prevent the former partner from interfering with his parental duties.
The legislative and judicial bodies in the United States acknowledge the significance of both parents in the lives of their children and want them to be actively involved and take decision-making authority over their children.
In addition to the aforementioned rights, there are many other rights that you can enjoy as a father. These include the following
- Right to reasonable parenting time
- Right to take time off from work to care for or raise a child
- Right to be consulted before any adoption takes place
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When Can A Father Get Full Physical Custody Of His Child?
The custodial rights of a father are based on the decision determined by a court in the best interest of the child. The court can grant joint physical custody if it thinks it is in the best interest of the child.
There are situations when a court can give full physical custody of a child to a father such as the following.
- Where the child’s mother has a history of substance abuse and is not in recovery
- Where the court considers the lifestyle of a mother inappropriate due to sexual conduct, substance abuse or other serious matters.
- Where there is proof that the mother lacks the parenting skills to raise and take good care of the child or has previously abandoned the child.
- Where there is evidence that the mother has previously engaged in illegal activities at home while neglecting the child
- Where there is enough evidence that the mother has been mentally physically or emotionally abused by their child or has engaged in domestic abuse or violence towards any household member.
How To Find A Good Child Custody Attorney For Fathers?
Choosing an ideal child custody attorney can be challenging when you’re facing child custody proceedings amid a separation or divorce. Following are the resources that can help you to identify qualified and experienced attorneys.
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Take Recommendations
Taking references from your friends, family members, court clerks at the court office or the State Bar Association will help you to get an ideal child custody attorney.
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Interview
Fathers must interview a potential child custody lawyer before hiring them. You can ask pertinent questions about their personality, style and experience with handling child custody cases similar to yours. Do not forget to know about their fee structure and learn if they can provide free consultation on your case.
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Pro Bono Services
If a father is unable to afford a paid child custody attorney then he can qualify for a court-appointed attorney. Family courts often maintain a network of pro bono lawyers to assist with child custody cases.
Additionally, fathers can check the attorney directory in their respective state to learn if an attorney is in good standing with the State Bar or if their license has been suspended.
There are different websites where you can find free child custody lawyers for instance
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Conclusion
Separation and divorce of a family is a challenging endeavor to overcome. Moreover, child custody battles can take up a considerable amount of time and energy. When both parents wish to have sole custody of their children conflicts can arise. Today United States courts are granting legal and physical custody to fathers and are allowing them to engage in the growth and development of their little ones. Having a legal professional help in your child custody case can do a lot of good for fathers who are struggling with their case. With an experienced child custody attorney by your side, you are likely to get a favorable child visitation and custody agreement.
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Frequently Ask Questions
What Are The Different Types Of Child Custody?
There are two types of child custody: physical custody and joint custody. In most of the cases, the court grants sole physical custody to one parent and reasonable visitation rights to another parent. In some cases, they can give shared custody rights where the child lives with each parent for a specified period. In legal custody cases, parents either jointly or solely make decisions on important matters of their child’s life and upbringing.
What Visitation Rights Does A Father Have?
A non-custodial father has reasonable visitation rights as per legal law. The reasonable time may vary from one state to another however the court encourages a regularly scheduled visitation for instance the following.
- An evening every week based on the age as well as proximity of parents to each other
- Every other weekend
- A part of the summer vacation for school-age children
- Alternating holidays.
