Men Divorce Custody

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Divorce is a permanent separation of two individuals that are bound by marriage. It automatically divides the family. Such scatter of a family leads to the question of guardianship of the small kids who are involved in a legal procedure. Often, the partners cannot come to a satisfactory conclusion on this subject. Thus, the court takes the responsibility to ensure that a child is getting a secure environment and encouraging atmosphere even after the separation of parents. Divorce custody may be awarded to men, if they are found appropriate for the responsibility by the judge.

Changing scenario Divorce Custody to Men

In the recent past, men generally disbursed spousal support and child support. At the end of messy divorce disputes, mothers were generally awarded the children. The court took such a decision as the mothers proved that they had taken care of the child since birth by fulfilling all the requirements of nurturing the kids.

In 1994, the courts in most of the states eradicated the practice of 'tender years doctrine'. This was a presumption that for children under 7, a mother is the more suitable parent. This was followed by a recession during which mothers were on the verge of outnumbering fathers in the work force.

Men were laid off from their jobs and consequently, they began to spend more time with the children than the working mothers. Due to this, the courts began to favor father in child custody cases and female spouses got a raw deal. Nowadays, joint parenting is regarded as a best option to secure the future and upbringing of the younger ones. Many psychologists have stated that a child needs both parents, especially during the growth years. If mother is known for giving care and support, father's role is equally important to teach discipline and moral values. Therefore, there are increasing chances for men to gain either full or shared guardianship of their children.

Protection of Divorce Custody to Men

As stated earlier, in any dissolution case, a man has the equal right to file for sole or joint child guardianship. But there are few tips that can help them to win over the female spouse. Following are some of them:

  • Men should make it a point that during the marriage, they spend adequate time with the child. When fathers prove in the court that they have been actively parenting the child, there are better chances that this role would be continued during the divorce proceedings and after it.
  • Keeping the child's interests in mind, it is recommended that at the time of separation a man should not move out of the residence. This lessens the possibility of ignoring the kids and does not affect the case in a bad way.
  • During the marriage, if the wife is restricting the time spent by the man with the child, then such a man should act immediately.
  • It is advisable to keep marital conflicts out of the custody matter. If a man is planning to run away from the family to avoid further disputes, such person would not be preferred for having the children. It is important to stay in the contact with the spouse and handle all the matters with a cool mind.
  • During the legal proceedings, men should collect and present the evidence related to parenting in such a manner so as to attain best possible results.

Hence, the fathers have a complete right to win the legal rights over minor ones, if they succeed to prove that they are equally capable to take care of the kids. Some of the ways that can help the men regarding court proceedings in this matter are as follows:

  • Conduct a custody evaluation by a specialist - It is the best way to bring out the reality in front of the court. If you suspect that your partner is hiding some important details or purposefully altering the truth, you may request the court to carry out a third-party investigation. This includes the study of the case by a counselor or child psychologist, as well as gathering testimonies of all the members involved in case.
  • Private mediation - Instead of a contested case, fathers may apply for a mediation procedure. Here, they can solve the disputes over this matter by discussing with their partner. It is a cheaper and easier way to resolve the conflicts. A mediator will assist the couple to bring out the issues, hold discussions and find out new ways to solve the problems.

The court awards shared divorce custody to men in most cases. Sometimes, a mother is found completely incapable to manage the children due to addiction, behavioral or emotional problem. Then, a father will have the full guardianship of a child.

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