When couples divorce, custody of the children is often the most difficult part of the divorce proceedings. Although women have historically received custody of the children, that is not always the case in modern times. There are many aspects that the courts will consider to make thoughtful child custody decisions for the benefit of the children. 

Historic Custody Arrangements

Divorce was rare until the 1960s, when it started to become a more common and acceptable part of our culture. The development of custody arrangements, child support and laws surrounding the various factors of divorce with children became well established at this time, and they changed over the years as women more frequently joined the workplace and become equal breadwinners in the home. Changes in how men and women’s roles in the home are perceived have led to both parents being equally considered in custody cases, starting with joint custody arrangements in the 1980s.

Custody Agreements

Most fathers want to remain involved in their children’s lives, and this can lead to requests for full or shared custody as a part of divorce cases. During a difficult divorce, a father with the help of his divorce lawyer may even fight to maintain full custody, so he can be in control of the children’s living location and access to their mother. Since the 1970s, the California courts look at the history of both parent’s relationship with the children to determine the best outcome for their permanent care. California also considers two types of custody, with legal custody allowing the parent to make decisions for the child, and physical custody determining where the child will live. In addition to legal and physical custody, the courts will determine who is responsible for paying child support and health insurance while also making decisions about visitation agreements.

Contributing Factors

According to family law consultants, the factors that are considered in a custody case may include parenting responsibilities, moral character, income sources within the household, the children’s preferences, and the level of parental involvement. For example, if one parent’s income includes earnings from activities like an online casino or other non-traditional sources, the court may evaluate how these earnings impact family stability and overall financial security. To provide consistency for the children, the courts strive to mirror the amount of time the children have historically spent with each parent. Additionally, child support for ongoing financial needs is taken into account, making it essential for most parents to work through these considerations with an experienced child custody attorney.

Custody and Mothers

Due to the tradition of children staying with their mothers following a divorce, the courts may favor the mother for custodial arrangements. Additionally, in a single-income family, it may be more likely that the mother who has been the primary caregiver for the children. In a home where these responsibilities have been equally shared, the courts may have a more difficult decision-making process. Statistics released for 2009 reveal that just 17.8 percent of custodial parents are fathers.

Custody and Fathers
Despite these reasonable methods for determining custody, some men may struggle to receive the father’s rights they believe they deserve. Fathers who have played key roles in their children’s lives typically wish to continue their involvement, and may need to prove to the courts their level of involvement, including school activities, making meals, taking children to appointments and other daily tasks. WeServeLaw can help your case by doing the best in service of process. A father who has fully participated in the lives of his children should have the opportunity to continue. Fathers can prepare by creating a case for custody that is as detailed and comprehensive as possible. For more help, he may seek the assistance of a child custody attorney.

Are Custody Arrangements Fair?

In California, men have complained of not receiving equal treatment for child custody from the courts during divorce proceedings. However, it is important for men to realize that their interests will be best represented if they are proactive in helping the courts to understand their level of involvement with their children. Filing the correct documents, gathering facts, creating a timeline and presenting comprehensive information to the courts ensure that men will get a fair shake.

Custody and Unmarried Parents
Custody will also need to be established if a father has children but was never married. A similar approach for legal custody and father’s rights may be used by the courts, but the required paperwork will be different. Paternity must be established and the concept of “deadbeat dads” can be minimized with documentation of the father’s investment in the children’s lives. Even without the formality of a marriage agreement and variations in state laws, fathers can have custodial rights; however, unless the mother is unfit, custody is likely to stay with the mother. However, fathers who seek full or partial custody can remain in their children’s lives, and father’s rights are easier to establish if their names appear on the birth certificate. Utilizing Apostille Services to authenticate relevant documents can further strengthen fathers’ legal standing in custody cases.

The Variability of State Laws

California requires mediation for custody agreements so parents can discuss custody ideas and concerns. The goal of mediation is to develop a custodial plan to present to the judge. This can be a beneficial and formalized way of working through issues and determining a plan that is acceptable to both parties. The way custody proceedings are structured varies from state to state; for example, in New York State, the law requires the courts to consider a broad variety of issues such as allegations of abuse, which must be stated under oath.

Establishing Custody for Fathers
Child custody cases and the establishment of father’s rights can be difficult for all parties, but there are ways to make the process easier with comprehensive case materials and remaining civil to the other party. Fathers who are concerned about not receiving full consideration in a custody case should work closely with a child custody attorney to ensure that all aspects of the case are explored and the intricacies of state law are considered. Since the 1970s, fathers have made progress in being recognized as parents who are equally devoted and involved in their children’s lives.