A Father’s Guide to Divorce
What Every Father Facing Divorce Needs to Know
Fathers’ not getting 50/50 custody is the product of past stereotypes. It used to be assumed that the woman would have more time to spend raising the children when being a stay at home wife was more common. Now women work outside the home just as much as men, reversing that outdated assumption. Most lawyers are aware of the disparities of custody time between two parties. Only some lawyers keep the idea of fairness towards fathers during divorce at the forefront of their minds when they advocate for their client. At The Marchese Law Firm we are dedicated to see fair judgements.
We make sure judges are being fair. In the majority of cases, they are. Father’s can trust that our lawyers will see to that and that the courts have their children’s wellbeing in mind. Father’s also have to understand that receiving 50/50 custody is based on a lot of factors, almost none of them based solely on the gender of the parent any more.
An important concept to keep in mind is “the best interest” of the child. The best interest of the child is what informs custody in the modern family court. Courts are getting away from outdated views on custody and focusing on dividing time on relevant factors. The factors that influence custody time cover a wide breadth of considerations including:
- The child’s wishes
- Continuity and stability
- Child’s relationship with the parent previous to the divorce
- How the parents live (i.e geographically, house conditions, etc.)
- Child care arrangements
- Substance abuse issues of the parent
- Mental health of the parent
Are you poised to be considered for 50/50 custody? Knowing what these factors are can be helpful for Father’s so they can effectively evaluate potential custody arrangements.
Another piece of advice to fathers, you have to be cooperative with your spouse to receive the best decision from the court.
“The judge will look at your record of cooperating—or not— with your spouse about your parenting schedule. The judge might also want to know things like whether you bad-mouth your spouse in front of the kids or interfere with visitation in any way. The more cooperative parent is going to have an edge in a custody dispute—and a parent who’s obviously trying to alienate a child from the other parent will learn the hard way that courts don’t look kindly on that type of interference.”
Cooperation must extend after the divorce too, for the sake of the child. We know all too well that maintaining an amicable relationship after a divorce can be challenging. However, some resources posit that children are harmed more by the fighting of parents than the actual divorce. Meaning, your child’s health is directly impacted by the way you and your spouse interact with each other.
The Marchese Law Firm is dedicated to guiding you through these issues including a clear understanding of what factors will influence the custody time you receive.
In the following video will go into more detail about the factors that impact custody time and more.
As always you can schedule a consultation if you have any personal questions regarding your divorce or family law issue. If you are a Michigan resident in Oakland, Macomb, or Livingston county, you can schedule a consultation here.