Long gone are the days that mothers have a leg up on fathers because of the Tender Years’ Presumption. This presumption was that infants and perhaps toddlers were better served in their mother’s custody. Now fathers obtain physical and legal custody or are successful in the modification of custody with some frequency. Basically, it all comes down to the evidence the Court receives to determine what is in the child’s best interest. This blog covers the top six things fathers can do to maintain custody or prevail in custody modification by keeping or developing the evidence necessary for the Court ...
July 17, 2019CD
Research consistently shows that the more involved a father is, the more successful his child is. Yet, winning primary or joint custody in a divorce case can be difficult for dads, even with the courts’ increasingly progressive views of co-parenting. Though it’s commonly believed that mothers “always” win primary custody, dads who prove their involvement and commitment in their child’s life can make an equally compelling case in today’s legal system. There are a number of proactive steps you can take to improve your chances of obtaining custody during your divorce and/or for a modification after that are the focus ...
June 12, 2019CD
In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce. The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. Physical custody is given to the parent who is identified as the primary care-giver and when this is ...
June 6, 2019CD
In love, war, divorce and most other major aspects of life and daily living, someone or some side has an actual or perceived advantage. Most fathers in child custody dispute cases recognize that a large part of our society has a general belief that mothers should have custody of their children and believe this is reflected in custody laws—mothers have an advantage because women carry and bear the children of the world. However, many changes are occurring. Now there is gay marriage and adoption and more children are being raised by third parties like grandparents. So, the question becomes, where ...
August 1, 2018CD
Historically, the tender’s years presumption was law and effectively held that young children were presumed to be better cared for by their mothers, who most often received custody and the fathers “visitation” on divorce. That was a different time when the traditional family had a father working and a mother being a home-maker. This gave way to a gender-neutral legal position that meant, in theory, the recognition that either parent was presumptively able to have physical custody. The blog explores Father’s Rights now, trends, and suggestions for maximizing time in custody litigation. Since this time, same-sex marriage has become legal, more ...
November 28, 2017CD
A topic or term known to perhaps every divorced (or unwed) father in the United States is “fathers’ rights”. Gather a group of fathers together and perhaps there would be no agreement on the precise definition and how this term would, could, or should play out in the divorce or paternity. However, they would agree, on the whole, they believe they are getting “screwed” by the system. Such term, in fact, conjures up discussions ranging from the child support formula (unreasonable amounts it computes for non-custodial fathers) and denial of parenting time to tactical use of protective orders. This is not ...
April 12, 2017CD
For many father’s who seek joint or primary custody, there is the belief that they are predisposed to an outcome. However, Indiana’s divorce statute is gender neutral and father’s are prevailing on custody claims in Indiana courts who focus on the children’s best interests. To make your best case, here at four tips. Perception is reality. Many, if not most, father’s today have work schedules that are more conducive to sharing custody, working from home, flexible hours, and the like. However, if you go into your case with the notion father’s are not on equal footing with mother’s it is a ...
November 4, 2015Adam Hayes
In each state, in Indiana and across the nation, there has been an acute focus over the last several years on Father’s rights to custody of their children. Law is slow to change and remnants of the “tender years presumption” continued pushing father’s rights groups harder. The tender years presumption is a older legal policy that children of a young or tender year should be in the care and custody of their mother in a divorce. There are five key aspects of father’s rights, namely a father obtaining custody of his children in a divorce or paternity case, set into the ...
October 1, 2015Adam Hayes