For years and years, family law courts unfairly eclipsed a father’s rights during divorce when it came to matters of child custody and child support. Mothers would more often than not be granted sole or primary child custody no matter the arguments brought forth by the father. The courts were making rulings based on antiquated societal biases against men that suggested they naturally had no desire to raise children due to a lack of maternal instincts.
While most people in modern days do recognize that fathers have paternal instincts that are just as strong a mother’s maternal instincts, there are some family law courts still struggling to understand this idea. In other situations, a family law judge may defer to past case results to make new rulings. When this is done, the likelihood of falling back onto old ways that neglected the rights of a father is high. Considering all things, fathers going through divorce still need to be extremely cautious when moving forward to make certain they are not painted in an unfair light. Working with a family law attorney can help ensure the legal playing field is both contemporary and fair.
Fathers’ Rights & Marital Abuse Accusations
Men going through a divorce must also be aware of how false accusations of marital abuse can be used against them. Many courts tend to believe any story brought forth by a wife who claims to have been abused by her husband due to a prevailing belief that men are inherently violent. The end result is often a restraining order targeting the husband, limiting where he can go, who he can speak with, and even removing his right to own a firearm in some situations. All of this can occur without there being any evidence of marital abuse due to the general removal of fathers’ rights in a family law setting.
Same-Sex Marriages Challenge Preexisting Notions About Fathers’ Rights
The entire idea of a mothers’ rights superseding a fathers’ rights in divorce has been challenged outright by the legalization of same-sex marriages and the steady advancement of LGBTQ+ rights in America. In a same-sex marriage, there will either be two fathers, or no fathers. Whose rights should be upheld first and foremost in either situation? The answer is, of course, both parties have equal rights and it is up to the court to make a fair decision using careful discretion and case details. As such, the same standard for decision-making must be extended to all marriages, ultimately protecting a father’s rights from being wrongfully overshadowed.
Are you a father going through a divorce and you are worried your fathers’ rights are being brushed aside? Call (508) 718-2545 to connect with Percy Law Group, PC and our Massachusetts divorce attorneys. For more than 20 years, we have been providing our clients with personalized legal representation that focuses on their needs, priorities, and rights. Contact usto learn how we can help you.