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For any couple with kids going through divorce one of the biggest challenges or issues to sort out is the custody of the child or children involved. There are laws in place under child custody law that determine guidelines on how the custody issue will be sorted out, and based on a number of factors that are considered, a final verdict is arrived upon. When a couple decides to file for divorce and the custody of the kids, one of the things they consider is how to choose a lawyer, but even before they get to that phase, it’s a good idea to understand what rights each one of them holds and what guidelines the judgment will be based on. Rights of Fathers under Child Custody Law In the past, typically speaking the mother seemed to have a better chance of being awarded custody especially if the child or children were of younger age. This does not necessarily apply anymore and while certain rules of child custody law might be different in different states the general guidelines remain the same. In recent years, the Tender Years’ Doctrine has been replaced and courts are now using what can be called as a gender-neutral standard when deciding who should get custody of the child. The idea is that the only thing that should be of valid consideration should be the best interest of the child. When a couple or any individual is thinking about how to choose a lawyer, it is important to note that the attorney they choose also believes in this ideology and cares for the overall well being of the child. The document that determines the rights and responsibilities of both parties is the court order on custody also known as the parenting plan or visitation schedule. As a father, one might not be looking for sole custody and might be happy to have joint custody but the extent, the schedule and the rights are determined by the court order and not by the other parent. One of the areas where some conflict can arise is if the custodial parent, if it’s not the father, is not honoring the court custody order. At this point the father has the option of thoroughly documenting any such violations and then seeking the help of a child custody attorney to resolve or report the problem. Violation of the court order is a violation of the law and can be challenged. Also, if the father is a non-custodial parent but feels like he is being alienated from the child or children, he can raise this concern with the court. Usually, and especially so, if the father is the higher earning member, he is responsible for providing child support. If a situation arises where child support might need to be lowered i.e. maybe due to a decrease in income, the court can again be approached for this. Undoubtedly, fathers’ rights under child custody law have increased considerably and taking the counsel of a qualified attorney can help fathers in making the most of this situation. Author Bio:- Ryan FitzGerald is the Co-Founder of AttorneyTribe.com - A leading online AttorneyTribe Attorney Directory. Find Portland Attorney, Attorneys in Los Angeles and other top cities in USA.
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