The Father's Rights in Child Custody Issues Essay

Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being has become a priority in divorce cases.

Today, the subject about children custody is commonly discussed about. Children are often left to the hands of those who are thought to be “better.” A child’s environment and the care he/she receives is a major point in deciding where the custody of the child land. Many parents lose their children due to their “inability” to raise their child. A good amount of kids are torn away from their parent’s love and affection due to the parent’s financial status or other devastating reasons.

To the majority of people, joint custody sounds like the best choice for the child but there is a bad side to it. Disagreeing with joint custody does not always mean the child should only be with their mothers; there are many fathers that are loving and wonderful parents. However there are many cases of fathers causing problems and hurting their children by fighting for custody for the wrong reasons. A study has been done that shows the reasons for a group of fathers to get involved in a custody battle. The main reasons were to punish their wives, they economically and psychologically refused to subside their ex-wives, and they had a patriarchal concept of the male as the “Superior” parent (Chesler). Even though fathers fought for custody

A child’s well-being weighs heavy on the mind of any parent – especially one going through a divorce. While these concerns may prompt parents to reconcile, in situations involving abuse, they may also serve as a catalyst for the breakup. Regardless of the reasoning behind a divorce, determinations pertaining to visitation and child custody must be made to ensure the safety and welfare of the children. Below, Torrington, CT family law lawyer Jeannine from The Law Office and Mediation Center of Jeannine M. Talbot answers three frequently asked questions regarding visitation rights.

Frequently, parents or other seeking guardians who seek custody of a child will seek guidance through the court. In most states, family courts determine child custody arrangements based on what is in the best interests of the child. The courts look at a number of factors in making this determination. They look at parents’ desire and ability to care for the child. They also look at emotional bond between the child and both parents or seeking guardian.

This research paper focuses on the fundamental rights of every father for custody of his minor children. The parental “ physical care and control” of a minor child is termed to as custody (Nestor, 2011).Logically, anyone’s first instinct would probably be to reply that fathers should not be allowed same custody rights as traditionally believed that the mother is the main ‘caregiver.’ Following instances divorce or children born out of wed-lock, Several Fathers are currently struggling to gain custody of their children. Fathers remain the underprivileged when it comes to young children disputes, despite their earnest efforts to gain custody of their children. The system has strained fathers’ attempts as they can be allowed to pick their children up for shorter periods now and then, provided it does not interfere with the mother’s new life. Though mothers are the best parents in most cases, fathers too have equal capabilities and should be legally entitled custodial rights to their young children. The case of custody rights should be reviewed more in depth and also from a legal standpoint as both fathers and mothers are equal, and qualify same rights under the law.

In the United States fatherless homes have become more prevalent and some may even refer to it as a growing trend. The National Center for Fathering mentions that over twenty million children live in a home without the physical presence of a father, and millions more live have a father who is physically present but not emotionally (“National Center for Fathering” n.d.). The importance of a father figure in a child’s life is critical for healthy child development and subsequently leads to a better adult life. Children’s early experiences and the connections they create with their parents are impactful and ultimately shape who they become as an adult.

Some will continue to search for a rigid resolution of the very sensitive issue of how parents who no longer live together can continue to raise their children after divorce. The intention is good, but the answer is in flexibility – not an immovable and rigid rule applicable to all without exception. As a society, we’re gradually choosing to adopt shared parenting not as a numerical equation, but as a choice. It’s a choice that will lead most towards mediation rather than litigation and towards shared parenting rather constantly trying to divide the child between two

When a custodial decision cannot be reached by a couple and is turned to a court to determine, a task is given to the court to ensure that the best decision is made in the interest of the child. A court reaches this by various methods of standard tests and evaluations that produce unpredictable results (Dolan & Hynan, 2014). There has been a recent suggestion by the American Law Institute called the “Approximation Rule”. Under this proposal, recently divorced parents share of time within their custody should be allocated to approximate the proportion of time each parent spends with the child on a detailed list of childcare tasks prior to their divorce (Dolan & Hynan, 2014). This assessment is geared towards awarding custody rights to the parent

Of the 73.6 million American children ages 0-17, half of them will experience a divorce or separation of their parents, and there is no room to wonder why when the amount of divorces and annulments in the United States averaged around 848,000 a year between 2007 and 2014 (POP1, Children Divorce, National Marriage). No matter how the marriage ended, the period following divorce is hectic and emotional for all parties, especially if children are involved. Deciding which parent gets custody is a battle within itself, but when all is set in stone, how do the arrangements affect the children, if at all?

Many individuals are quick to assume that when a custody battle between two parents takes place, the verdict usually is in favor of the mother. As society continues to evolve, we are introduced to various outlooks on gender roles and sexuality which in turn are having an effect on how we approach the visitation and child custody rights of parents (Georgetown Journal of Gender & Law, 2015). All fifty states are now enforcing a gender neutral evaluation and doing what is in the best interest of the child. This analysis looks at a number of things such as, the child’s social needs, religious beliefs, individual parent ability, the child’s preference, and the mental and physical health of both parties (Georgetown Journal of Gender & Law, 2015).

Child custody is yet another thing, which is very important, and the court goes through many points. They try to make sure that both the parent gets the equal custody rights

Courts may look at factors like instances of domestic violence and other crimes. The age and overall health of each parent may also be considered, as can factors like financial status and employment. Your family law attorney will be able to provide greater insight into the pertinent factors in your custody case.

Although every family is unique, judges presume that all families are alike and should have the same resolution to custody matters (Camazine). Judges want what’s best for the child, but what they choose is not always the best. They agree that joint custody should not apply to cases with domestic violence and incest but they often do not believe that those things happen so they still order it. Judges know that joint custody does not usually work in high-conflict custody battles, but they will order it in hopes of forcing the parents to, “Grow up” and learn to compromise. It may seem like it is all the judges fault for choosing the wrong custody, but there are other factors that contribute to those bad decisions. Overworked and underpaid judges are frequently denied proper time to hear cases. They are forced into making plaintiffs and defendants accept not very good settlements so that cases will close. They opt for fast compromises to move cases along. There is a 1980 New Jersey custody battle that shows that judges can make bad decisions based on their own opinions. A New Jersey judge mandated joint custody even though the father did not want it and both parents agreed that the mother should have sole custody. During that case the judge went to a father's convention that talked about the “joy” of joint custody, and how all fathers should always experience the pleasure of

When one parent is fighting to get custody of a child, the parent will do whatever it takes to get the child on his or her side. The parent might buy the child gifts, bribe them, tell them false information about the other parent; anything to persuade the child to chose that parent.