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Father’s Legal Rights During Divorce


Matters of family law are never easy. Indeed, most folks would rather never have to encounter family issues in a courtroom, but the world isn’t perfect, and sometimes these expectations aren’t met. This complication can get especially unpleasant when it involves how much time you’ll be permitted to spend with your child in the future. When divorce proceedings first start, it’s not unusual for people to be hurt and make rash threats that end up harming the long-term relationship between a parent and their child. However, Self Legal Group is here to protect you from losing what you hold most dear to you in your divorce. We’re here to advise you of your rights and preserve them throughout the entire divorce procedure.


A Father's Custody Rights

As a father, you need to know that during and before any divorce proceeding, you have the same legal rights as the mother. Until you are denied rights by a court or give up those rights, they are still yours. That means until you’ve reached and signed a custody agreement regarding the child or children from the marriage showing that everything is shared equally. However, most fathers are unaware of this and often assume that the mother will have more rights than them when it comes to a custody battle. Many even believe that there is a gender bias in most courts and that mothers are more likely to be permitted full custody than a father is. But with the right legal representation and council, this should not be a concern. Your child is as much of your blood as it is hers, and your rights are entirely equal, so you shouldn't have to fear losing your children in a court battle because of those issues.

If you’re one of the many dedicated fathers who simply wants an equal amount of time with your child, then you should fight for that right with the right legal representation at your back.

However, in any legal battle, it’s important to go to the field prepared. For fathers expecting a custody battle, we recommend preparing for your equal parenting time and custody battle with the items below.

Hire an Attorney

Hiring an experienced family law attorney is one of the best decisions you can make if you’re preparing to fight for your custody. Years of experience in the courtroom and at the mediation table can do much to increase your chances of finding a more favourable outcome between you and your ex-spouse. With years under an attorney’s belt, and their team’s, you can count on more than just compassion for your situation; you can better explore what your options are based on similar cases and legal findings from before. In a court system that’s based on previous precedent, this is a valuable resource to have at your back.

Regardless of the presence of experience or not, you’ll need an attorney that can go to bat for you and define your rights to all of your assets, not just your children. So, hiring an attorney you trust is the first step in any custody battle or divorce proceedings.

Document Everything

After you’ve settled on an attorney, you’ll receive more guidance on what papers you’ll need to present to defend your case for equal custody. But at this moment, you can get started by actively documenting everything about how your children are treated at both houses. You should document how much time you get to spend with the kids currently, if you’re allowed to be alone in their presence or if your ex-spouse insists on remaining for the entire time. This information provides the court with valuable data about how your ex is handling the separation and how she’s handling the child custody sharing at the moment. As we said above, before you’ve signed a custody agreement, you have equal rights to your children and that should not be hindered in any way. If it has been, make notes.

Settle Your Finances

Divorce and custody battles are deeply prying court processes. Your ability to provide for your children as well as your spouse will arise in court and should be easy to deduce. Getting your finances in order now will help you ensure that when your ability to care for your children is called into question, they can’t be used as a reason that you shouldn’t have access to your children. Start preparing them now to make the entire process easier to navigate as you go.

Don’t Discuss a Compromise

It should go without saying that you shouldn’t be making deals with your ex-spouse without your lawyer in the room. However, some people fall into this mistake and are sorry for it afterward. Don’t let that be you. Once an agreement is struck, it’ll be done with a real, paper contract and with several witnesses. Both parties will likely have to agree to compromises and negotiate the matter for some time, before a solution is reached. Don’t do this without the professionals present; it won’t make things easier.


Schedule a Consultation With Self Legal Group

Ready to fight for your children? Arm yourself with the legal experience and advice you need. Reach out to Self Legal Group to get started. We’re here to make the coming divorce proceedings and custody battle less stressful. We’ll provide you with the confidence you need to approach the coming legal battle the way you’d like to: with experience and good representation at your back. Contact us to ask any questions you have, or schedule an initial consultation so you can get started on forming your new life.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.