Denver, CO (Law Firm Newswire) July 23, 2012 – There is a perceived bias that fathers are discriminated against by the family court system, but fathers do have legal rights in a divorce.
“There is a myth that fathers do not have the same legal rights in a divorce as the mother does. That is definitely a myth, as fathers ‘do’ have legal rights, something that my firm fiercely champions,” remarked Bill Thode, a Denver divorce lawyer. Divorce laws in many states typically award custody to the parent that is the closest to the child; the one that will help the child carry on with their lives with as little fuss and disruption as possible. Custody is to mimic, as closely as possible, the life a child had prior to a divorce.
In most cases, the main breadwinner is the father, and the mother stays home to care for the children. In those circumstances, the courts err in favor of the child, and award custody to the mother, thus striving to keep the child’s life on an even keel. Those who advocate for father’s right suggest the court is not fair, as their decisions diminish their right to be active parents, provided there is no abuse. The ‘real’ best interests of the child are to have both parents involved with their care. “Based on that argument, the legal model we work with today is unbalanced, by typically awarding custody to the mother,” Thode suggested.
Fathers have the right to maintain a close relationship with their children, unless they have given up that right by being violent within the family unit. If there is a good relationship with the children in the divorce, the father needs to show it is in the child’s best interests to have him involved in their life.
“There are certainly instances where the mother may create a difficult situation for the father, by making up charges so she obtains sole custody. You may be accused of abuse. If this happens, you need an experienced lawyer on your side to defend your rights. Cases like this are won on the basis of proving you are not the kind of individual who would abuse his family, and that the mother is capable of telling a falsehood,” added Thode.
For those facing a divorce involving child custody issues, and there is uncertainty about what rights each party has, seek experienced legal counsel.
Thode Law Firm, P.C.
201 Steele Street, Suite 201
Denver, CO 80206
Call: (303) 330-0425