Child custody, generally, refers to the legal rights and responsibilities that a parent has over the care, control, and upbringing of their child or children. There are several different ways parents can split custody rights.
Child visitation is the legal right that the non-custodial parent has. The non-custodial parent is the parent who does not have physical custody over their child or children.
Regardless of whether an individual is seeking custody or visitation rights over their child or children, there are two main ways that a parent involved in a divorce or separation proceeding can begin obtaining these rights: by agreement or by a court order.
When possible, the parents should reach an agreement on their own regarding child custody and visitation terms. The parent should then draft a written copy of their agreement and submit it to a court for approval so that, if issues arise, the agreement is legally enforceable.
If the parents cannot agree, the court may intervene and make decisions regarding child custody and visitation. During the custody and visitation hearing, both parents can present arguments about why they should have custody or visitation.
It is important to note that the court will need to approve the final visitation and custody arrangement under either of these scenarios. The only difference is that the parents will have more control if they form their own agreement.
Is there a Rule that Children Come First in Child Custody Laws?
When a court is handling a family law case, child custody is one of the most important determinations required. The laws governing child custody can be complicated.
In addition, the laws can also vary by jurisdiction. These decisions must be made because they can impact the child.
When a court determines custody rights, child custody laws place the child’s interests before the parent’s personal preferences. This is the child’s best interest standard.
This is the main standard that is used in child custody cases. Under this standard, the court will only make child custody decisions that benefit the child.
Therefore, if a parent is considering how to get custody of their child or become a custodial parent, they should prioritize the child’s best interests because this is what the court will do during the custody hearing.
Are Fathers at a Disadvantage When It Comes to Child Custody?
The legal system has undergone several transformations related to child custody rights for male parents. In the past, a father would commonly retain custody of their children because the mother did not have a source of income.
However, once fathers began to go to work in cities and other locations far away from their homes, the mother was viewed as the primary caregiver and, therefore, was often given custody. However, as gender roles slowly equalized and mothers became workforce members, the legal system began making decisions based on the child’s best interests standard.
The child’s best interests standard examines:
- The child’s unique circumstances, like:
- Health issues;
- Child’s preference, if they are old enough;
- Each parent’s lifestyle, such as if the parent works nights;
- Which parent lives closer to school; and
- Several other factors vary, depending on the situation.
Currently, mothers and fathers have equal chances to obtain child custody. The legal system does not favor one parent over the other based on gender.
Instead, the court will focus on the child’s relationship with each parent, where the child will be more comfortable, and which parent will be able to provide the most familiar and stable upbringing.
What Are Some Child Custody Issues for Men to Consider?
Child custody arrangements may differ based on each unique case. Custody arrangements depend mainly on how the child relates to each parent as well as the capabilities of each parent.
How a child relates to their father may be very different from how they relate to their mother and vice-versa.
Specific child custody issues that men should consider may include, but are not limited to:
It is important to note that these issues may not be present in every child case. In addition, they may have different effects based on the type of relationship that the parents have.
For example, a previous divorce may affect how custody is divided between the parents. There are also issues related to child support that a father should keep in mind.
Fathers pay the majority of child support in the United States. In many cases, the failure to pay child support may result in serious consequences, such as:
- Wage garnishment;
- Driver’s license suspension; and
- Jail time.
This may occur if the father cannot pay child support, even if they are not avoiding making the payments. This may include fathers who:
- Lost their jobs;
- Were injured at work; or
- Got into a car accident.
If the father does not obtain permission to modify the child support order, they may face punishment for not meeting their child support obligations.
Are There Any Related Child Custody Issues to Consider?
Many other child custody issues may arise during a family law case, including, but not limited to:
- Child neglect;
- Child abuse;
- Physical abuse against a spouse, especially if the child witnessed any incidents;
- Emotional or verbal abuse; and
- Restraining orders.
These types of issues may harm custody. They may also prevent a father from being allowed to contact their child if they are severe enough.
Can I Modify an Existing Child Custody Order?
Although child custody arrangements have to be approved by a court in order to be valid and enforceable, it does not mean they cannot be modified in the future. If the circumstances change for either of the parents, they can file a modification request with the court.
A modification of child custody can be requested for various reasons, including:
- A change in employment of either parent;
- Changes in residence;
- Major family changes, such as a parent getting remarried;
- Changes in the child’s needs; and
- Various other life events and changes.
For example, if the child develops special needs and one of the parents is deemed better equipped to handle those changes, the court may modify the custody order to help accommodate the child’s needs.
Any custody determination made by a court considers the child’s best interests. If a custody change is necessary, the parents must ensure the court approves it before they make any changes.
Changing a custody arrangement without court approval may lead to legal consequences such as contempt charges. Contempt charges may result in jail time.
Do I Need a Lawyer for Help with Child Custody Issues?
If you have any issues, questions, or concerns related to child custody as a father, it is important to consult a child custody lawyer. Your lawyer can advise you of any issues or circumstances affecting your case.
In addition, when you have to attend family court hearings, your lawyer will represent you. They can provide you with guidance throughout the entire process.
