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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
4 comments on “Child Custody: Making Your Case To The Court”
My ex just took me to court for full custody of our soon to be 12 year old. The one judge put 50/50 shared on the table. Its only been since September. I’ve had primary of our daughter since birth cause we were separated while I was carrying her. I also have full custody of my son her half brother which is 14. It has been us 3 living together since her birth. Now she is separated from him, sees him a few days a week. She has physically refused to go to her dads for a week now because she misses being with her brother and I, and tells her dad and I she wants it how it was. What can I do?Her dad keeps telling her that because she isn’t going with him that I am going to jail. Told her that the judge is who made it the 50/50 not him and the judge has to change it back, he can’t do anything. She used to see her dad all of the time before the change to 50/50, I had no problem of her going extra time is she wanted. He used to take her half brother places with them, now since 50/50 he doesn’t let her brother go with her. Its ruined our little family of three and damaging their sibling bond.
What was the outcome of your case I am going through something similar. And case name.
My experience with custody evaluations is that they tend to show considerable bias towards the mother, especially in southern states.
One key problem for men, is that these evaluators are mostly women, in the fields of psychology/forensics which also doesn’t mean a whole lot when it comes to understanding the importance of father/daughter relationships.
I totally agree!! I’ve been with my boyfriend for almost 12 years, and he has a daughter from a previous relationship who will be 14 in July. Their bond was sooo strong that at times I found myself getting jealous. The mom got full physical and sole custody, and my bf has supervised visits. Well whenever we find someone to monitor, they contact the mother, and either will not get a response, or they themselves stop responding. My bf and I now have 2 kids 3 and 1 yr old.his daughter had a very strong bond with the 3 yr old, and she has barely seen her 1 yr old sibling. (Which they share the exact same birthday, and both girls) his daughter told the mediator she wants to spend time with both parents. But he gets the poop end of the stick. She’s not following court orders, and they don’t even care