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Divorce, Custody, and Fathers’ Rights

December 14, 2016 By Marianna Barbowski

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male hand of father lead his child son in summer green grass nature outdoor, trust family conceptMost divorcing fathers want to remain active as parents and involved with their children following their divorces, no matter how they may feel about their soon-to-be-ex-spouses. Times have changed dramatically since the days when the majority of fathers went out to work, and most mothers stayed home. Mothers were usually deemed the natural choice for custody of the children. But this is changing, as many states consider updating laws to give fathers more rights to their children, and more and more fathers are fighting for primary or joint custody of their kids.

Even in dual income households, one spouse typically bears a disproportionate level of the parenting responsibilities (Huffington Post). “During divorce proceedings, the level of past parental involvement is the most critical factor in determining both the level of access that each spouse will receive and the amount of child support that will be provided, if any,” wrote attorney Natalie Gregg. “If both spouses were working full-time and they shared parenting duties 50/50, then the father has just as solid an opportunity to be named the primary managing conservator as the mother.”

According to divorcesource.com, the traditional displacement of men from their children’s lives can have negative consequences, not least because of the higher risks of failure seen in fatherless children. “The churning of family life—single parenthood, step-parenthood, half siblings, unstable live-in relationships— takes its toll on children.”

The U.S. Census Bureau (2010 census) reported that about one in six (17.8 percent) of divorced fathers are the custodial parent. Whether sole or joint custodial parents, “When fathers are involved in the lives of their children, especially their education, their children learn more, perform better in school, and exhibit healthier behavior. Even when fathers do not share a home with their children, their active involvement can have a lasting and positive impact.” (www.fatherhood.gov). An NIH study found the children who spend more time with their fathers grow up to be healthier mentally and physically.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: custodial parent, divorcing fathers, fathers’ rights, healthy behavior, involved with their children, share parenting duties, toll on children

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EDUCATION
Boston College Law School, J.D.
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