Fathers Rights For Child Custody
Prior to the twentieth century, the father would gain child custody as a matter of course as children were deemed to be property of the father. In the twentieth century, with development of psychological science, it was thought that children should have a mother’s custody. |
The early years were tender years and a mother was more suitable for the role. It was seen that both models were two sides of the same bad penny; hence, a custodial arrangement is done in the best interests of the child.
The fathers’ rights movement arose as it was believed that fathers were not given equal treatment in child custody litigation. The focus was on the following goals:
- A traditional division of parental tasks during marriage does not mean that a father should not have child custody in event of a divorce.
- Both parents should be given joint physical custody and equal parenting time after divorce
- The absence of a father in the child’s life would lead to behavioral negative consequences.
Focusing on the above would result in creating an environment wherein both parents are treated equally and fairly by a family court.
The following are responses to the Fathers’ Rights Movement.
- The court should look to the parent who was the primary caregiver during a marriage to continue that role after divorce. Although, it favors the mother, it also acts in favor of the father if he was the primary caregiver in marriage.
- Children should have a custody model that sees to their welfare, based on actual facts and circumstances.
- Critics of the Fathers’ Rights Movement say that the goal of fathers is not an equal treatment as mothers, but to give them an advantage in custody litigation.
- Fathers are seen to be expecting a more favorable financial settlement rather than on gaining actual custody.
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Types of Child Custody:
How Can Mothers Get Custody ?
The standard by which custody determinations are made in the family court has undergone dramatic changes. In the early years of the 20th century, when a divorce took place, the father was given child custody. Today, it need not be so and the father does not automatically get child custody. More..
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