When a marriage fails, a father might be concerned about losing the opportunity to be an involved parent in his children’s lives. A perception persists that divorce and custody law favors the mother.
Although the law is supposed to be gender-neutral, judges apply the law. Some judges have biases. A Syracuse fathers’ rights lawyer could explain to you how best to safeguard your and your children’s best interests. Contact a family attorney to learn more.
Judges must make any legal determinations concerning children by considering what result would serve their best interests. A Syracuse attorney who understands a father’s rights may ensure that the Court appreciates the valuable and nourishing relationship the children have with him.
Factors that a Court considers when determining best interests include the:
A judge is unlikely to name a father who has had little responsibility for childcare as the primary custodial parent, unless the mother is deemed unfit. However, if the father has been an involved parent, Courts often award significant access to the children, including joint physical custody.
A father will often benefit by engaging in a negotiation process to enter a separation agreement or settlement agreement with the spouse. Even when parents have trouble communicating, mediation or negotiation between attorneys keeps the matter private and allows the parents more flexibility and control.
Many fathers seek joint custody, meaning they spend roughly half the time with the children. Depending on the parents’ circumstances, the children could spend part of every week at each parent’s home, alternate weeks at each parent’s home, or the parents could alternate weeks in the family home. Any arrangement that the couple thinks could work could be acceptable if a Court finds it is in the children’s best interests.
If parents negotiate a custody agreement, they must submit it to the Court for review and approval of the terms. A judge will apply the best interest standard before approving a custody agreement. A Syracuse fathers’ rights attorney may demonstrate that maintaining the strong bonds between the children and their father is in the children’s best interests.
Unfortunately, mothers and their attorneys sometimes abuse the system by making false accusations against the father of domestic violence, child abuse, or other concerning conduct. Because children’s safety is the Court’s primary concern, judges tend to take these accusations as true initially and investigate their veracity later. By the time the investigation is completed, which could take weeks or months, a father may well have been denied access to his children.
A Syracuse lawyer could vigorously defend a father’s rights and reputation against false abuse allegations and their consequences. Our legal team could be present when investigators question the father to ensure their rights are respected and protected. We could also help a father understand that they must comply with whatever Order a Court issued until they get the chance to present their side to the judge.
Making false allegations of abuse is a fraudulent crime. It is also a disservice to the children whose relationship with their father was disrupted by the false allegations. A legal professional may argue for the Court to recognize the mother’s attempt to manipulate the process and hold her accountable for her actions.
Divorce can be stressful enough, but it could be unbearable if you worry that you will be denied reasonable access to your children. In theory, the law is neutral; but in practice, mothers may take advantage of a situation.
If you feel your most important role in life is being a good dad, work with an attorney who will make safeguarding that role their mission. Call us to set up your complimentary consultation with a Syracuse fathers’ rights lawyer today.
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