Before and during the divorce process, each parent has equal legal custody of a child. Mothers and fathers are legal until one or the other gives up or is denied custody.
The meaning is complicated if you don’t know your state’s custody laws. Until you’ve signed a custody agreement or a judge has made a custody decision, each parent has essentially the same legal rights over where a child lives, who the child lives with, and what concerns the child.
For some reason, many fathers behave in ways that are not in their best interests or in the best interests of their children. Fathers may give up on same or joint custody because they believe there is a gender bias – that mothers always win custody. Or they give up more custody because they have been taught that “children need their mothers”.
You can’t know if the divorce court has a real gender bias unless you go to court and fight with your children for the same time. If you are a father who wants equal parental leave with your children, you are doing yourself a grave injustice by giving up without a fight. To improve your chances, hire a lawyer who believes in your case – rather than one who believes your custody battle is doomed.
5 Things Fathers Should Think About When Looking For Same Parental Leave After Divorce
Document the times when you are not allowed to see your child (s). Take your notes to court and the system will hold them accountable for any interference with your parental leave.
Hire a lawyer or submit a prosecution application to the court to set the same parental leave for your children.
Don’t listen to the negative stories. Nothing should stop you from having equal parental leave or full custody. Just because a father was unable to have the same time or full custody of his children doesn’t mean you won’t.
Straighten your finances. The financial costs of having a custody battle shouldn’t keep you from fighting for your children. That said, your ability to care for them is likely to be on trial.
Do not compromise in front of the mediation / court. There’s no going back once an agreement has been reached. It is therefore important to stand firm until both parties agree to a thorough compromise.
Many fathers do not have a clear understanding of their legal divorce rights when children are involved. And in many cases, they give up custody for fear of loss in court due to something called a “gender bias”. Contrary to this belief, a mother has no more legal rights over children than a father. If the mother goes with the children, a father still has the right to equal parental leave or full custody of their children. He deserves a visit and should be consulted if problems arise with the children, such as B. Illness or school fights.
If seeing your children is important to you, the prospect of a custody battle shouldn’t put you off. A father has the same right to raise and feed his children as their mother, and that does not change after a divorce.