Mens Rights in Divorce

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Men are recommended to closely collaborate with divorce lawyers to pursue and safeguard their rights in the divorce process. As compared to the past, men are now placed in a better position with respect to all divorce issues. In any divorce proceeding, the prime challenge for a divorce lawyer, who represents a man, is to confirm that the rights of the man are advanced and safeguarded. Men's rights in a divorce are same as that of the women; they have all the rights of putting their point of view in the case. Men can appoint an attorney to represent their case on their behalf. There is one thing that men should keep in mind while filing a case and hiring a lawyer and that is providing the authentic evidences and documents to the lawyer.

Men's Rights in a Divorce for Child Support

  • Standardized child support guidelines have been developed to safeguard the rights of men with respect to their economical obligation. These guidelines have objective formula due to which arbitrary child support orders are reducing in number.
  • Child support amount is to be given by the financially independent partner to the financially dependent partner. It does not always mean that men will pay to women, it depends upon the financially stability of the partner.

Men's Rights in a Divorce for Child Custody

  • In the past, mothers were given preference while granting primary custody. This practice is now obsolete. The child custody is given to the partner who can take good care of the child and it does not matter if it is the husband or the wife.
  • Since the 1980s, men are taking the assistance of family law lawyers to implement their rights pertaining to procuring primary custody of children. With the help of lawyers and the right evidences more and more men are getting child custody.
  • As per the present scenario, men are being offered same rights as women for awarding child custody. The frequency of men being awarded custody is identical to the frequency of women. Men can fight for the custody and get sole custody of the child by proving that they can take better care of the child than the mother.

Men's Rights towards Maintenance

  • The laws regarding this topic have been updated from time to time. Presently, the amount that men have to disburse as maintenance and the duration for which the amount needs to be paid has been restricted by the laws, as compared to the past. Now the amount is to be paid for a certain period of time, after which they are not compelled for paying any amount.
  • In the current judicial scenario, men are not compelled to disburse maintenance for an indefinite period. Earlier this practice had grounds in the society, but now the time duration for maintenance is fixed by the judge so that the men do not have to pay the other partner for the rest of their lives.

Parenting Time Rights

Another term for visitation is parenting time. Parenting time is the time that the children spend with their parents post divorce. This time is allotted by the judge so that the children can spend considerable time with their parents.

  • After 2000 A.D., the complete concept of visitation has been renewed. Now, it is an accepted fact that men should be given a right to be more than mere visitors in the child's life. If a man does not have primary custody of the child, then this man has the right to play a meaningful and major role in the life of this child. The same fundamental is applicable for women who have not been granted primary custody.

History of Men's Rights in Divorce

  • The rights of men in a divorce proceeding has only evolved when compared with those of women till the late 1970s and the early 1980s. Men had to suffer a lot of things as compared to the women. They were kept away from the children; they were supposed to pay money to their ex-wives and then had to divorce without any terms and conditions.
  • During and after the 1980s, the rights of men were made more concrete and well established by means of precise state laws and family law courts. After the laws were made, men were granted equal rights as that of the women and they could fight for their rights. Men's rights in a divorce are similar to that of women, they can appoint an attorney and can present evidences in the court.

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