Virginia Beach Attorney Discusses Father's Rights in Child Custody Cases
Your child custody attorney in Virginia Beach can help you understand the law as it applies to your custody case. If you're getting divorced in Virginia and you have children, custody issues are likely your highest priority.
“Fathers' rights” is a term you may have heard when looking into child custody issues. The fathers’ rights movement was started in the early 1960s in response to what some men felt was preferential treatment of the mother by many family court judges. The purpose of the fathers’ rights movement was to provide men with moral support and legal advocacy when facing divorce and custody issues.
Because of a general presumption by some judges that mothers are and should be the primary caretakers of children, many fathers have had to fight hard to be considered for custody even in situations in which the mother was, for whatever reason, not the most logical choice for custodial parent.
Some men also felt that they were cheated out of access to their children when their ex-wives accused them of domestic violence or other detrimental behavior. These men argued that the accusations were fabricated for the purpose of cutting them out of their children's lives.
The Child’s Best Interests
In Virginia, child custody is decided based on the best interests of the child, not by the gender of the parent. Both mother and father can petition for custody and can appeal custody decisions that they feel were not in the child's best interests. While there are certain circumstances that might make the mother the better choice for custodial parent, the decision should never be made solely based on the presumption that mothers make better and more capable parents.
Ideally, both the mother and the father remain active in the child's life, regardless of which parent the child ends up living with for the greater part of the year. Any accusations of abuse or reckless behavior from either side should always be investigated thoroughly to determine the validity of such claims.
During your divorce, your husband has the right to stand up for the recognition legally due him as the father of your child, and as a mother you have the right to do the same. That's why it's so important to have legal counsel on your side during this challenging time to help you prepare for the custody process. Having an attorney with a good track record can help you approach your case with confidence.
Hiring a Child Custody Attorney in Virginia Beach
Our Virginia divorce attorneys care about your rights, the welfare and happiness of your children, and your financial security. Let us help you focus on your goals for the future and your family. To learn more about Virginia divorce, request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-456-1574.