Aggressive. Determined. Hardworking.

Learn More About the Rights of Both Mothers and Fathers in Child Custody Agreements or Disputes

On Behalf of | Feb 16, 2018 | Blog

Traditional norms state that in child custody issues, the law will always favor the mother over the father. However, while that may be true in cases involving infants or small children where the mother is proven fit and where the de facto sense of the law is considered, in recent years the courts are evening out the playing field where fathers are concerned and they are placing the children with the parent who is better fit to raise and protect them.

Mothers’ Rights

Mothers are often given the benefit of the doubt in both raising their children and in regards to their parenting skills, as they gave birth to that child, carried the child, and because of this society believes that they will protect, nurture and raise the child properly. In fact, judges rarely remove small children and infants from the care of their mothers, unless there is physical abuse or substance abuse or neglect finding, that can be proven. Mothers of older children face a more level playing field in the legal arena. And, now, children between the ages of 12 to 15, depending on the state, can have a say-so in selecting the parent with whom they want to reside or even if and when they want to see a parent, if they are 15 years of age or older. In the end, the court will always attempt to make the best decision for the child involved.

Fathers’ Rights

While both parents have a legal right to be fully involved in their child’s life, history shows that fathers can face an uphill battle in regard to a child custody battle, and that is why, if there are issues involved with the mother’s care of a child, that a father should seek proper legal counsel, a family law attorney who can go to court and present those problems and issues to the court and who will ask the court to grant custody of that child to be placed with the father versus the mother, or at a minimum, that the court order and put in place proper protections to ensure the child’s safety, if the child remains in the primary custody of the mother. If you are a father seeking primary custody of the child, you will need a team of experienced child custody or divorce family law lawyers who can work with you to ensure that your legal rights are protected and that the rights of your children are protected and defended to the fullest extent of the law. Contact our firm, for that legal support.

The Best Solution for the Children

Child custody issues are fraught with emotional turmoil for everyone involved, especially the children, who may blame themselves or others, for the dissolution of the family or for family issues. To ease the process of a break-up and to actively and properly care for your child’s needs, you and co-parent should talk and you should work together, if possible, to create the best environment for your children. This may involve compromising on child custody issues, including joint custody, visitation and child support.

Protecting Your Rights

Child custody issues present a delicate balancing act for the courts and the parties involved. Each party should have an equal say in the outcome and you should work together in the best interests of your children. Your attorney should work diligently for you to ensure that your parental rights remain intact and exercised fully to the extent of the law allowed, as each parent now has a right to equally parent their children.

For legal representation in child custody issues or divorce with child custody matters in Texas or Arizona, contact the experienced legal professionals at Ayala Law Office P.C..