Men's child custody rights after divorce

When a divorce happens, often the focus is on the woman and her rights as a parent. The truth is that Men’s rights are often overlooked in the divorce and very rarely discussed. This is an issue that needs to be looked at. Men have rights to when a divorce is granted. The sad part is that often unless their lawyer have told them what their rights are, most men will not know what they do and don’t have the rights to. This is why the topic of Men’s child custody rights after divorce has to be discussed. The following are a few facts that most men need to know when talking about their post divorce rights. father with childThere is a lot of laws that govern the rights of a man and visiting his child after a divorce. Most of these laws vary from state to state and are even dependent upon a judge. If the parents come up with an agreement on their own, then the judge will look at it and determine if it is in the best interest of the child. If however there is a failure to have an agreement in place, then it will be in the judges hands as to what the best arrangement is. This is where there are around twelve factors that will be looked at in making this decision. All of these will be based on what is best for the child and will involve a look at both parents. These best interest factors will be taken into account to allow the child to have the best situation for them. Things like home life, school, community and potential for the child to continue to grow up in a healthy environment will be taken into account. Often a man will sit down with his soon to be ex-wife and will try to arrange what is best for the child. If the woman is receptive, then this process will generally go smoothly. If the woman is determined to not work something out, then this is when it will go in front of the judge and they will have to make a ruling. Most judges will lean towards granting more custody to the mother unless there are circumstances that call for this to not be the case. The most basic of these rights is the right for a father to see their child on a regular basis. There are certain circumstances that will prevent a father from seeing their child, but these are generally associated with there being abuse or other factors that are involved in the divorce. These will have to be proven in court and will be investigated before a judge finally makes the decision to restrict visitation rights to a father. The next area concerns that of the actual visits. When a man has been granted rights to visit their child, there is the inherent right for the father to have visitations without the mother being involved all the time. Sometimes this will have to be a supervised case, but this is again only under certain situations. A father that has not had any issues in the past does have the right to unsupervised visits as directed by the courts. Most men do not know this and will just go with whatever the ex-wife in the marriage says to avoid any further confrontation. A man does have the right to request sole custody of their child. There is however a long list of requirements that have to be met before this is granted. The most common of these is that the man has to prove that the woman in the divorce is not fit to have custody of the child. This can be if there has been a history of drug use, mental illness or abuse towards the child. The man will have to prove this and it is often a very hard road to travel as most judges are not eager to go this path. If a man feels that he has not been given a fair amount of visitation time, then he has the right to petition the court for more visitation time. The man can even petition the court to change the arrangement all together if they feel that there are reasons why the arrangement is not in the best interest of the child. Judges want the father to be involved in their child life and will most times be willing to revisit the topic to allow more visitation to the father after a certain time. The most common area of concern is that of splitting up holidays. This is where many men and women will have a difference of opinion. As both of them will want their child to be with them on holidays and special occasions. The most common area of contention is that of Christmas as both parents want the child to be at home for the Christmas season. Most judges will rule that on this day in particular, the visitation will be split among both parents and the child will get time at both parents homes. The man will need to meet with his child custody attorney and discuss these issues with him to see what the layout of the custody appears to be. The lawyer will be better in tune with the chances of the man getting certain rights as most of these lawyers are used to going in front of these judges and tend to know how the judge will lean in the ruling. The important thing that you need to remember is that you keep your faith and not sway in your desire to get parental rights. Knowing what to expect in the battle for your visitation rights will prepare you and any man for the road that they will have to travel. It is not an unmaintainable task to get a fair agreement in the visitation of your child, but it is something that you need to be aware of and not get into a situation that leads to you losing all rights.

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