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Schembs Law

Do dads have equal rights in the eyes of the court?

On Behalf of | May 26, 2022 | Fathers' Rights

In the past, it was true that women were often given custody of their children over the fathers. There was a bias that suggested that women were more capable of raising children. There was also the reality that most men worked and were the breadwinners, so they would not be at home to care for their children.

Today, that’s not how the court views mothers and fathers dealing with custody issues. Now, there is typically a presumption that both will share custody and that the parent most able to provide for the children should have more custody if that is a concern.

A child’s best interests come first

In family law cases, your child’s best interests will come first every time. If you have played an important role in their life, been present and are capable of supporting them and being a good role model, there is no reason that you should not be able to seek and obtain custody time with your child.

At the same time, the court is wary of situations involving domestic violence and sometimes allows children to speak out about what they want. Different factors may influence your case, but just being a man should not be enough to prevent you from getting custody of your child.

If you suspect that there is a gender bias taking place, it’s time to reach out to your attorney. You do need to address issues such as gender stereotyping and discrimination against you during a custody case.

Get to know your state’s laws

Before you go to court, you need to make sure you know your state’s laws and prepare your case. To win a custody case, you need to present solid evidence that you can successfully parent your child and play a positive role in their life. Getting witness statements and testimonies about your role in your child’s life can help, as can knowing the answers to questions about your child’s care and preferences.

A judge wants to be sure that a child is always taken care of and has a supportive, healthy home environment. Showing that you are providing the right support to your child is the key to getting the custody arrangements you want.