- Key Takeaways
- What is Child Custody?
- Factors Determining Outcome of Custody
- What Rights Do Fathers Have in Custody Battles?
- What Are An Unmarried Father’s Rights in a Custody Battle?
- Child Custody Strategies for Dads
- How Can a Father’s Rights Attorney Help With Child Custody?
- Why Work With Cordell & Cordell?
- We Fight For Fathers’ Rights
- Frequently Asked Questions
Child Custody Lawyers For Fathers
- Key Takeaways
- What is Child Custody?
- Factors Determining Outcome of Custody
- What Rights Do Fathers Have in Custody Battles?
- What Are An Unmarried Father’s Rights in a Custody Battle?
- Child Custody Strategies for Dads
- How Can a Father’s Rights Attorney Help With Child Custody?
- Why Work With Cordell & Cordell?
- We Fight For Fathers’ Rights
- Frequently Asked Questions
Key Takeaways
- Child custody can refer to the right to parenting time with a child (physical custody) and the right to make decisions affecting a child’s health, education, and welfare (legal custody).
- Courts must look at the “best interests of the child” when deciding child custody issues.
- Fathers have the same rights as mothers in child custody disputes.
- While family laws do not distinguish between fathers and mothers, some bias in favor of mothers still lingers in the legal system.
- A family lawyer who understands the issues that fathers face can help present a strong case for child custody rights.
- Cordell & Cordell are custody lawyers for dads with years of experience advocating for fathers’ rights.
At Cordell & Cordell, our child custody attorneys regard it as a basic truth that the father-child relationship is as important as the mother-child relationship and that gender-based discrimination in family court is unconscionable. Representing a father in a custody case is a challenging task requiring an attorney willing to advocate for the father’s rights.
In a system seemingly predisposed against them, men can only hope to succeed by using all the help available to them, both legally and strategically. Cordell & Cordell has built its practice on helping men do just that. A Cordell & Cordell child custody lawyer can help you with whatever custody issue you are facing.
What is Child Custody?
Child custody refers to the rights and obligations between parents, regarding their children, after a divorce, legal separation, or paternity decree. There are two independent types of custody.
- Physical custody refers to the amount of time each parent is permitted physically with a child. This may be sole, primary, or joint custody.
- Legal custody refers to a parent’s decision-making rights regarding a child’s health, education, and welfare. It, too, may be sole, primary, or joint custody.
Often, the Court designates one parent as the primary physical custodian, giving the other parent a schedule of temporary custody and visitation. In some cases, however, the Court orders joint legal and physical custody, by which both parents have substantial access to their children.
The Court’s decision in a particular case is based, among other things, on the child’s wishes, each parent’s historical nurturing role, and the relative circumstances of the parties in the future.
Related Article: Joint Physical Custody vs. Joint Legal Custody
Factors Determining Outcome of Custody
If you have ever been involved in a child custody case or you are about to begin one, you most likely have heard the phrase “best interests of the child.” Almost every state’s child custody laws determine custody and visitation issues based on the best interests of the child standard.
State statutes and case law define this standard differently, but certain common sense factors and themes generally appear in most states. The list of factors fall into four categories:
- The historical picture examining each parent’s role in nurturing the child since birth;
- The prospective picture considering the parents’ situations going into the future;
- Status concerns referring to the personality or behavioral traits of each party; and
- The preference of the child.
What Rights Do Fathers Have in Custody Battles?
Fathers and mothers have equal rights in child custody disputes. Most states’ family laws presume that both parents should be involved in their children’s lives. If a parent claims that it would not be in the best interests of the child for the other parent to have the same parental rights, they must produce evidence to prove this.
The rights of fathers in custody cases include:
- The right to argue for joint custody, sole custody, or primary custody in family court;
- Visitation rights, which could involve equal parenting time or visitation on weekends, holidays, and vacations; and
- The right to make or participate in important decisions affecting the child’s life and well-being.
What Are An Unmarried Father’s Rights in a Custody Battle?
An unmarried biological father’s parental rights depend in part on the state where the child lives, but they must establish paternity if they want custody rights. Most states have two ways for dads to do this:
- He and the child’s mother can sign a document acknowledging that he is the child’s father.
- He can petition a court to establish paternity, usually through DNA testing.
Once a father has established paternity, he can claim the full range of parental rights, such as:
- Visitation and parenting time;
- Decisions affecting the child’s education and health care; and
- Determining where the child will live.
He will also be subject to parental responsibilities like child support.
Since he and the child’s mother are not married to one another, a court order is typically the best way to protect his rights. He and the mother can work out a custody agreement with a parenting plan, or a court can decide on visitation rights and other child custody issues.
Child Custody Strategies for Dads
The best advice anyone could give a dad preparing for a custody battle is to become as active as possible in the lives of his children and to document everything.
Throughout the divorce process, realize that the court will evaluate your behavior in its entirety, taking into account not only the facts of the case but also your demeanor. Irrational and aggressive behavior may have a profoundly detrimental effect on your case, so be mindful of your actions throughout the proceedings. A Cordell & Cordell child custody attorney can guide you through this process.
The following tips can help you build a strong child custody case:
- Know your legal rights: The court must consider certain factors when making decisions about child custody. Knowing your state’s laws can help you prepare to show that you should be the custodial parent.
- Be involved in your child’s life: Take an active role in parenting. Volunteer for school activities. Go to parent-teacher nights. Make the most of your parenting time with your child.
- Show that you are a good parent: Demonstrate that you can provide your child with a comfortable and safe home environment that is appropriate for their age and needs. Focusing on your strengths as a parent is preferable to emphasizing the other parent’s flaws.
- Be civil with the child’s mother: No matter what emotions your custody battle might churn up, you and the child’s mother must find ways to work together to support the interests of your children.
- Get an opinion from a childcare professional: Courts often follow the recommendations of respected professionals who can spend time observing and evaluating the child and the parents.
- Document everything: Create a comprehensive written record of your parenting. Keep a daily journal of your involvement in your child’s life. Save report cards, medical records, and correspondence with the child’s mother.
- Retain an experienced father’s rights lawyer: Skilled legal representation can make a tremendous difference in a child custody case. An attorney can guide you through a complicated and emotional legal process.
How Can a Father’s Rights Attorney Help With Child Custody?
Fathers face many difficulties when fighting for custody. Hiring a family law attorney who understands these challenges can greatly improve your chances in court.
- Family court proceedings can be complicated and confusing. Every state has its own laws, and rules can vary from one courtroom to another. An attorney can guide you through the local process.
- A lawyer can determine what evidence will be most helpful to your case.
- Emotions often run high during custody disputes. Your lawyer can keep the focus on the important legal issues and negotiate on your behalf.
Why Work With Cordell & Cordell?
Cordell & Cordell has advocated for fathers’ rights in child custody and other family law practice areas for more than three decades. Our firm is dedicated to fighting against stereotypes and biases — many of which are not even intentional — striving to achieve that dads receive a fair chance in the courtroom.
Testimonials
“I felt like [my attorney] was always vested in me and my situation with my daughter. I really appreciate that.” — Robert T.
“I really liked [my attorney]. [He] was a great guy and I felt like I had a friend up there with me. He made me feel like he really cared about me and my kids. He is a great dude and I wish him nothing but the best. The guy reminded me of Jerry McGuire, he was like my Tom Cruise, he was there for me and was always my cheerleader.” — Jeremy G.
We Fight For Fathers’ Rights
The experienced divorce lawyers at Cordell & Cordell provide intelligent, aggressive divorce representation to fathers. If you are a dad struggling to win custody of your child, contact us today at 1-866-DADS-LAW or through our online contact form.
Frequently Asked Questions
The rate of fathers who get primary custody has been increasing over the last few decades, but it remains low. The U.S. Census Bureau reports that the percentage rose from 16.0 percent to 20.1 percent from 1994 to 2018, an increase of about 0.17 percent per year.
Family laws in every state make no distinction between mothers and fathers. The focus is on what custody arrangement will serve a child’s best interest. Mothers have no built-in advantage, according to the letter of the law. In practice, though, bias can appear at times.
The “best interest of the child” standard is vague on purpose. Each child custody case is unique, so what is best for one child might not work well for the next child. This gives family court judges a considerable amount of discretion in deciding what “best interest” means.
While many judges work hard to be fair, biases about mothers and fathers can find their way into their decisions. This is not always a conscious process, meaning that judges and others are not necessarily trying to be biased or unfair. They might simply be making assumptions based on past experience or tradition, such as:
- Culturally assigned roles, with mothers as caretakers and fathers as providers;
- Assumptions that mothers will get primary custody, so it would be a waste of time for a father to seek custody; or
- Stereotypes about men being violent and women being victims.
The job of a father’s rights lawyer is to present a child custody case in a way that allows judges and others to look past any biases and see that they are a caring, loving father.
Since family laws differ in every state, comparing outcomes in child custody cases across state lines can be difficult. The amount of parenting time awarded to each parent in court orders is one way to assess which states are best for fathers’ rights.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
Recent Articles
