Men’s Divorce Lawyers: Factors Affecting a Man’s Right to Custody of Children

Divorce can be a difficult time for anyone, but it is especially hard on men. Women have traditionally been seen as caregivers and nurturers, but when a marriage ends, women are more likely to take care of children, manage finances, and maintain social connections. Men are expected to be strong, independent providers, which means that they need someone who can help them make decisions about their future after divorce. That’s where men’s divorce lawyers come in handy.

When parents divorce, mothers are more likely to receive custody. State laws differ regarding the factors that courts must take into account when deciding on custody agreements, but the current common standard is that the custody decision must be made in the “best interests of the child.” Due to the way most marriages are set up, mothers are more likely to benefit from the variables the court takes into account when determining where their best interests reside. With the help of men’s divorce lawyers, fathers can get a fair chance at their children’s custody.

Men’s Divorce Lawyers: What’s the divorce process

To initiate divorce proceedings, a petition for divorce must be filed. If one spouse wants a divorce, that spouse (the “petitioner”) must formally seek the court to do so. This is true whether or not the other spouse agrees to the divorce. It is crucial to get men’s divorce lawyers from the beginning of the process to get you protected.

Courts understand that a stay-at-home parent raising children and financially dependent on their spouse cannot wait months for a divorce ruling. Thus, when you file for a divorce, you can request temporary child custody, support, and maintenance orders. It is best to have consultation with divorce lawyer for these concerns.

If you get a temporary order, the court will hold a hearing, hear both spouses, and decide. The judge quickly issues the temporary order, which lasts until the divorce is finalized or the court makes another decision.

Before a divorce petition and any desired temporary orders may be filed with the court, they must be served on the other spouse. Provide this to the court to prove that you served your spouse with a copy of the divorce petition in accordance with the law. If you fail to serve your spouse and submit proof of service, the court will dismiss your divorce petition.

You and your soon-to-be ex-spouse will need to negotiate a settlement if you can’t come to an agreement on issues like child custody, spousal maintenance, and property distribution on your own. You, your spouse, and your respective family law lawyer may be required to attend a settlement meeting scheduled by the court.

A divorce trial is necessary if mediation fails. Get men’s divorce lawyers because a trial may be held before a judge or a jury, depending on the circumstances. To prove their respective positions on issues like child custody, spousal support, and property distribution during a divorce proceeding, both parties submit evidence and summon witnesses.

Men’s Divorce Lawyers: 4 Factors Affecting a Man’s Right to Custody of Children

Almost many parents would agree that prioritizing what’s best for their kid is the most important thing. However, as a divorcing father, you should be aware of what the courts often look at when reaching this assessment, as well as the efforts you might take to demonstrate your competence as a parent. Whatever your goal may be—joint physical custody, sole custody, or just the most extensive visiting rights possible—men’s divorce lawyers will help you get them.

1.   Bond between the child and the parent.

The court considers the parent-child relationship while deciding custody. With age, mothers and infants are more likely to bond than fathers. This tells more about society’s early fatherhood expectations than the father. From infancy, a child relies more on their mother than their father for nutrition, which creates a particular bond between mother and child. Mothers are twice as likely as males to remain home or work fewer hours to raise a child. Thus, newborns and toddlers usually depend on their moms for care and comfort.

Active fatherhood strengthens a father-child bond. Child custody lawyers advise you get parenting education if you and your partner share custody of a young child.

2.   Primary caregiving provider.

Some jurisdictions employ “primary caregiver,” while others simply identify the parent who is most capable or ready to assume parental duties or who has been caring for the child.  the primary caregiver standard aims to establish which parent has been largely responsible for a child’s care, including eating, washing, waking and putting to bed, playing, making doctor’s appointments, arranging for child care, and so on. Some parents share these duties. Some stay-at-home dads also do more child-rearing. The court will consider your earlier execution of these duties when determining custody.

3.   Ability to give child support.

A parent who can care for their child will be able to offer them a place to live that is both comfortable and secure. The parent is aware of and able to meet the child’s requirements. This includes making sure the kid keeps up with basic needs like eating and bathing, as well as encouraging positive behavior.

Taking care of a child means being open to establishing contact with the other parent. Supporting a child monetarily is not the same as providing for that child. Child support lawyers can help you navigate these concerns.

4.   Child’s choice.

During a parental separation or divorce, kids have the right to express their preference as to which parent they will live with. Depending on the child’s age and degree of maturity, the court may take the child’s preferences into consideration.

How to Choose Men’s Divorce Lawyers

If you want to get a divorce and need the best divorce lawyers, you should:

1.   Don’t fall for advertisements.

Advertisements are geared toward luring customers like you. Don’t take it as gospel just because a lawyer has an ad saying they’re great. You may learn about the reputations of men’s divorce lawyers online, and you can also talk to people you know who may have hired specific paternity lawyers before.

2.   Hire a divorce lawyer for men who specializes in family law.

Be cautious because attorneys who operate in multiple areas may claim to be specialists in one of those areas. Before hiring men’s divorce lawyer, check their references, history, and credentials. Your choice of attorney should have knowledge in family law or be affiliated with a law firm that specializes in it, with divorce especially being your attorney’s area of expertise.

3.   Choose the best divorce lawyers with extensive experience.

Divorce lawyers for men with substantial courtroom expertise are worth the cost even if you anticipate your divorce to be smooth and the court proceedings to be brief and unremarkable. Your lawyer will know how to bargain and get you the best possible solution if you end up not having to go to court, but having one on your side gives you peace of mind knowing that you are prepared for anything that may come your way in court.

Conclusion

Any father seeking primary or joint custody of their child after divorce should see an experienced men’s divorce lawyer. An attorney can explain the court’s custody criteria and help you provide evidence. Court procedures and state legislation vary. Local attorneys know the court system and judge, helping you make the best custody case. 

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