Historically, 'the rule of one' has been followed in divorce cases involving child custody. The idea reflects a presumed notion that custody must be awarded to one parent while the other one can plan visits.
Additionally, thanks to the Tender Years doctrine, the mothers were more likely to receive custody. As a family law principle established in the 1800s, it was assumed that mothers were the more compassionate and capable parents. Unless there was extreme evidence regarding the unfitness of a mother, children always went to the mother instead of the father under the assumption.
Fortunately, our understanding of parenthood and care has evolved over time. Society no longer devalues fathers as parents, and this is now reflected in custody arrangements as well.
While it has been established that fathers have as much right to be a parent as the child's mother, they still have to overcome the ingrained stereotypes that they lack the parenting qualities and instincts of mothers.
Despite the additional burden and challenges, gaining custody as a father is not insurmountable. Family law attorney, David R. Phillips, shares some tips to help build your case in accordance with the father's custody rights.
#1- Respect All
Divorce and child custody proceedings can be stressful. However, you must show respect toward everyone involved, may it be the judge, your child, or the other parent.
Your attitude can be a huge factor in determining whether you are capable of raising the child properly. If you are rude or disrespectful, you harm the chances of getting custody. So be sure to keep any negative emotions or feelings in check.
#2- Pay Child Support Timely
While a father's custody rights cannot be undermined, it is important to adhere to court obligations to show that you respect their decisions.
Make sure you keep up with the child support payments, so it does not seem like you are not interested in the well-being of your child.
Maintain proof of compensation and records and request modifications if you find yourself struggling to make child support payments.
#3- Maintain a Good Relationship with the Child
Whether the child is in your custody or not, it is essential to maintain a strong relationship with them by visiting and calling them regularly.
Support your child at events, attend important meetings, and take an interest in events that may be meaningful for them. It shows your involvement in their lives.
Moreover, checking on their progress helps children feel secure and reassures them that both parents are there for them, which has a positive impact on their mental and physical health and overall development.
#4- Do Not Sabotage Yourself
Even if the space is limited, set aside some place for your child(ren) in the home. The court often asks about the accommodations, so it is best to remain prepared for such inquiries during custody hearings.
Additionally, avoid mistakes like taking the children unannounced for extensive time periods, physical altercations with the other parent, or moving in with another partner during the divorce proceedings. These things will tarnish your image in front of the judge and can come back to haunt you.
Instead, consider settling the differences through mediation. Contrary to adversarial court hearings, where judges decide the fate of your children based on small snippets, mediation allows you and your ex-spouse to craft a mutually agreed arrangement that best suits the needs of your family.
If the disputes are unsolvable, our family law attorney will be by your side to protect your rights while keeping the child's best interests a priority. Backed by extensive experience, our family law attorney fights for the father's custody rights to help them remain involved in the child's life.
Speak to our knowledgeable family law attorney now if you wish to learn how we help protect the father's custody rights in divorce proceedings.