Are Custody Battles Biased Towards Fathers?

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Gustavo E. Frances

Breaking up can be tough. Divorce is certainly harder. Now, what about the kids?

The generalized depiction of divorce in both TV and movies usually shows Mom with the kids and Dad with the bachelor pad. Great entertainment is made from Mom beginning life as a single mother, juggling the job, kids, PTA meetings, and dating. Dad is usually shown moving into a small apartment shaped up just enough for the weekend custody arrangement. In cases where the father is equally involved in his children’s lives, how accurate is this portrayal?

Florida is Leading the Charge

Florida is among the states leading the way to make custody a fair 50/50 for involved parents. A father is likely to only get 35% of the time with his children nationwide. To put it in perspective, the time equates to less than an NBA season. Florida is among the states trying to change that.

  • 20 States, including Florida, show 50/50 custody in 2018
  • In the same year, Florida held 3.6 divorces per thousand people

As a father, you help make this incredible little person. You hold them for the first time and marvel at how they could fit perfectly on your forearm, chase monsters out of their closets, and take them to their first soccer game rooting like it’s the Superbowl. Why should your role as their father, their Dad, be minimized if you no longer wish to be with Mom?

Know Florida’s Parental Responsibility

In Florida, it can be particularly challenging to navigate the legal process during a divorce. Also, inviting judges to examine your family and decide the role you will play in your child’s life from now on is a very personal and uncomfortable process. Here is a general outlook on the steps to take in such an event:

  1. Research Parenting Plans and Time-Sharing Schedules. You need to know your rights.
  2. Open a family law case, or a paternity case if unmarried
  3. Parenting classes are required of both parents within 45 days of opening a case
  4. Discovery, which can last for several months or even a year
  5. Mediation to help parents come to terms
  6. Pre-trial conference
  7. Trial

If any of the above steps seem intimidating, you are not alone. Since your children were born, decisions about their well-being have always been made within the family unit. Where you were once a part of a team, you are now on opposing sides.

Why You Need Representation

You need someone in your corner to stand up for your rights. You need someone to translate your wants and needs as a parent to legal terms. You need a plan that works for the new version of your family.

When navigating a custody case, having an experienced family law attorney on your side can make all the difference. An advocate who understands both the law and the emotional challenges you’re facing can help ensure your voice is heard and your parental rights are protected.

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