My divorce lawyer told me that I have little to no chance of obtaining 50-50 parenting time in my child custody case because my child is very attached to his half-brother and the court wouldn’t want to remove him from that bond.
So I was basically told that my kid’s half-sibling has more rights to my child than I do!
Why are fathers rights completely ignored in child custody cases? Is there anything I can do to prove to the courts that I deserve to see my child just as much as my ex-wife?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
In contested child custody matters, the courts look to the “best interest of the child” factors. In general, factors the court will consider include the interaction and interrelation ship of the children with their parents, siblings, and others who significantly affect their best interests; the children’s adjustment to their home, school, and community; the mental and physical health of all individuals involved; and the wishes of the children, with more consideration given to children over 14 years of age.
Often in contested child custody matters, courts will name one parent a “custodial” parent and the other the “non-custodial” parent. Courts are generally reluctant to order a shared custody and parenting time arrangement if either party objects to such an arrangement, thus, a shared or equal physical custody arrangement must typically come in the form of an agreement.
In order to support his request for 50/50 custody, one manner of attempting to achieve this would be to seek a custody evaluation.
The custody evaluator, typically a mental health professional, would interview the child, the parents, observe the children interact with each parent individually, speak with others that the evaluator feels would be necessary such as teachers or medical providers, and reviews letters of reference from friends.
The child custody evaluator will then issue a report to the court on what he or she believes would be in the best interest of the child. If the custody evaluator’s report recommends 50/50 custody, the court may rely heavily on that in issuing its ruling.
There is no way to predict how a judge will rule in any case and each case has a specific set of facts upon which the court will rely. There are actions you can take to make sure you present yourself in the most favorable light possible to the judge.
You should continue to be involved with your kid as much as possible and allow the judge to see the importance of having both parents actively involved on a continual basis with the child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.