Men facing divorce or a breakup may worry about their relationships with their children. Many people have heard tragic stories about fathers cut off from their children or relegated to part-time parents who only see their children a few days each month.
Ideally, both parents in the family should put aside their personal conflicts to prioritize what is best for the children. In reality, protracted disputes about parenting issues are common when relationships between parents end. Fathers sometimes make the mistake of giving in to all of the demands made by the mothers of their children.
Others who try to assert themselves may face a protracted custody battle. While some fathers let fear of the legal process deter them from asserting themselves, they have rights under the law. Fathers who understand their rights and approach custody battles appropriately can protect themselves and their relationships with their children.
Custody laws don’t give mothers priority
One of the most pervasive and insidious myths about custody battles is the idea that family statutes or the courts automatically favor mothers. There was once a time, decades ago, when the courts tended to assume that living primarily with one parent was best. In such cases, mothers often received primary placement, as they may have served as the primary caregiver for the children previously.
However, the law in Georgia does not extend any special consideration to mothers or women in custody cases. Both parents should receive the same consideration from the courts regarding their ability to meet the needs of the children and their existing dynamic. Fathers can request evenly shared custody or even sole custody in cases involving abusive, addicted or otherwise unfit mothers.
Legal support is often critical
It only takes one emotional outburst while communicating with court-appointed professionals or during custody proceedings for a father to damage his case. Intense emotions, including anger and fear, can make it difficult for men to effectively assert their parental rights in family court.
Proper legal advocacy can help ensure that there is someone calm and capable of presenting details to the courts in an appropriate fashion. An attorney can also help prepare their client for custody proceedings in a litigated case. They can help fathers document their circumstances and show the courts that their continued involvement is what is best for the children.
Fathers who have information about their rights and appropriate support can potentially secure a reasonable allocation of parenting time and decision-making authority. Learning more about fathers’ rights as soon as possible when a custody battle seems likely can help men effectively assert themselves in the family court system.