A Father’s Custody Rights During Divorce

fathers rights during divorce in florida

Losing the custody of a child can be the most devastating time in someone’s life. Having time with both parent important for the mental and emotional growth of a child, and also contributes to family happiness. When a family goes through a divorce, everyone loses, but many times fathers lose more than mothers when it comes to having an active role in their child’s life. This may be partly due to a father’s lack of understanding of the law, or fear of going to court to fight for equal custody of their child.

Equal Rights

Fathers should know that during a divorce they have the same legal rights to the child as the mother does, meaning they have equal rights to custody of the child. Each parent has equal standing under the law until there is a signed legal document containing the custody agreement, or the judge hands down his or her opinion on custody. However, if a father does not know this and gives up his full custody rights, he may lose them before he had the opportunity to fight for them.

Equal rights means that if the mother takes the children away from the father, he has just as much right to bring them home. He also has the right to know what is going on with the children at school or at the doctor’s office. Until there is a signed custody agreement, both parents have equality when it comes to matters of the child.

Fear of Fighting

There may be a lot of fighting during a divorce about everything from the family home to special heirlooms. Fathers may feel that they don’t want to drag the subject of custody through the courts for fear of eventually losing out to the mother. Therefore, many fathers may even allow the mother to dictate when he can see the child before a court-ordered custody agreement is in place. This behavior can be detrimental to a father’s ability to gain custody because the longer that a father allows his ex wife to dictate the child’s schedule, the more he may lose favor in the courts, which is why it’s very important for fathers to know that they have equal rights.

Custody and the Courts

According to divorcepeers.com, many custody agreements are decided without ever going to court, and most of them are in favor of the mother. Meaning, there are many men who are giving up their rights before giving themselves a fighting chance.

It’s important that any father who is going through a divorce hire a family law attorney who will fight for his equal rights for custody. Fathers have a right, and arguably an obligation to fight to be a part of their children’s lives on a consistent basis.

If you are a man with children who is going through a divorce, do not let your ex-wife dictate when you can see your children before a custody agreement is signed. Just because someone you know was not granted equal custody by the courts, it does not mean that you will not be given equal custody. Don’t agree to any custody document without consulting with an attorney and fighting for your right to be in your child’s life.

In the end, the man goal is to do what is best for the child. If you believe that you at risk of losing you parental rights during a divorce, contact me to learn more about how you can remain in your child’s life.

References:

Meyer, C. (n.d.). What Custody Rights Do Fathers Have? Retrieved from https://www.liveabout.com/a-fathers-legal-rights-to-child-custody-before-and-during-divorce-1103351

 

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About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on February 13, 2019, in Divorce Law. Bookmark the permalink. Leave a comment.

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