Although your gender is not permitted to play a role in determining your share of your child’s parenting time following your divorce, bias exists and can work against men seeking equal or full custody of their children. Many men assume that they will not be given their fair share of parenting time with their children, sometimes looking back to their own childhoods or listening to friends’ discussions of their divorces to reach this assumption. But you do have rights and if you feel they are not being considered or upheld in your child’s parenting time determination process, take a stand for yourself. Work with a fathers’ rights lawyer who can act as your advocate and help you seek a fair timesharing agreement.
A Parent’s Gender Does Not Impact his or her Rights
When the court determines an appropriate timesharing arrangement for your child, it considers a set of factors meant to help it determine the arrangement that is in your child’s best interest.
These factors include:
- Each parent’s demonstrated capacity to act in the child’s best interest, rather than his or her own best interest;
- Each parent’s demonstrated knowledge of the child’s circumstances, such as the child’s preferences, teachers, and friends;
- Any history of domestic violence or criminal activity with either parent;
- The child’s relationship with each parent and the other individuals present in their households; and
- Each parent’s demonstrated capacity to provide a healthy,structured routine for the child that supports his or her emotional, physical, and academic growth.
Note that “parent’s gender” is not a factor listed. But it can be easy to assume that a mother is better suited to provide daily care for her child based on the roles that women often fill in their children’s lives.
Demonstrating your Fitness as a Parent
As a father, you may need to demonstrate your ability to act as a daily caregiver for your child by providing evidence. Show that you have a relationship with your child’s teachers and that you play an active role in his or her daily activities, such as helping with homework and taking your child to extracurricular activities, with testimonies from individuals such as your child’s teacher. If a guardian ad litem visits your home to gather information about your lifestyle, his or her data may show your daily involvement in creating and supporting a healthy routine for your child. Your lawyer can help you obtain relevant evidence to show your parenting fitness.
Work with an Experienced Winter Park Family Lawyer
As a father, you might be worried about how your relationship with your children will change following your divorce. Remember, you have as much of a right to your child as your former spouse has. Work with a Winter Park family lawyer who has experience advocating for fathers and helping them secure fair, appropriate parenting arrangements. Contact Aubrey Law today to schedule your initial consultation with our firm.