If you’re a dad fighting for your rights in a child custody case, you might feel like the odds are against you because you feel that mothers are more likely to win child custody cases. And your assumption is valid! Some experts agree that mothers are indeed more likely to succeed in custody battles. In fact, CNN reports that in the U.S., more than 80% of custodial parents – meaning the parent that children live with for the majority of the time – are mothers.
Do these stats mean that courts favor mothers as potentially better caregivers? CNN suggests that unfortunately, some judges take what divorce attorneys interviewed for CNN call a biased, “old-fashioned” approach in assuming that women by default are better caregivers than men. This article is not intended to make judgments on individual situations. We want to give credit to all the judges who really do make their decisions solely based on the Best Interest of the Child standard. But as a law firm who truly cares about our clients, we’re offering the following tips to help fathers understand how to make their custody dispute as stress-free as possible.
Are you a dad fighting to spend more time with your children in Baton Rouge, LA? Keep reading for three essential tips to help bring justice to your child custody case.
- Pay As Much Child Support as Possible! One of the main reasons that fathers lose custody of their children is that they are unable to pay full child support. But many fathers then make the mistake of ignoring this completely. Paying some child support is better than nothing. Failing to pay child support doesn’t just put you at risk of not seeing your children, it also puts you at risk of jail time. If there’s any way you can pay even a small amount toward your child support, do it. If you don’t, you’re certainly risking jail time. According to Judge Gail Tusan, some judges will consider modifying a child support agreement in certain circumstances, when they see that a father is truly making an effort, but failing to pay anything severely hurts your chances.
- Pursue Your Equal Rights! If you and your partner had a child when you were not married and then decided to separate, the custody usually automatically goes to the biological mother. As a father who isn’t married to the mother, you could be labeled as an “unofficial” parent. But it doesn’t have to stay that way! Take steps right away to file legitimation papers, asking the court to establish that you are the official father and your official parenting is in the child’s best interest. According to The Florida Department of Revenue, establishing paternity gives you all the legal rights of a father.
- Get Legal Advice As Soon As Possible! Child custody cases can get messy and complicated fast! At Miller, Hampton & Hilgendorf, we believe in justice for your case, and fighting for the outcomes that are best for your family.
Are you going through a child custody dispute as a father or a mother in the Baton Rouge, LA area? We’re here for you! We offer free case evaluations, so you have nothing to lose. Call or text us at 225-343-2205 to speak to an attorney today or contact us online!
3960 Government St.
Baton Rouge, LA 70806