Fathers Gaining Ground in Custody Disputes
Nationwide, child custody laws have traditionally favored the mother. However, there seems to be a new trend in the courts towards considering several factors and taking a more balanced approach when determining child custody. This national trend is seen in the recent Florida parenting law, effective October 1, 2008, concerning child custody. The new law effectively abolishes standard primary custody procedure and nomenclature in favor of a more holistic approach to residential custody. This new progressive system includes elements such as a Parenting Plan, which outlines a parental time-sharing schedule, as opposed to the previous practice of designating one parent the “primary residential custodian” or “custodial parent,” and giving the other parent visitation. The Parenting Plan also typically gives each parent equal rights to participate in and consult regarding decision-making about the child’s upbringing, and further specifies by what means and how frequently the parents will communicate with one another to discuss child-related issues.
Reason for the New Trend
The new methods advocated by the Florida legislature seem to be part of an increasing trend in the law to make parties in a dispute more accountable for the end result rather than having a decision made for and forced upon them. It is a plea for a more gender neutral custody system in the law. Child custody decisions are generally difficult to dispute or modify. For this reason, supporters are looking to affect change by altering the statutes that govern initial child custody determinatons in divorces. Many believe that the new laws center on (or at least result in) providing fathers more legal rights after a divorce than previously afforded.
Child Custody Reform
Such laws are garnering force in many other states as well. Georgia implemented a law in 2008 that is similar to the Florida law, which requires a Parenting Plan. While a small percentage of custody battles lead to litigation, judges are taking a more generally neutral and balanced look at which parent will be better suited to optimize the child’s well-being. This is reflected not only in changing gender roles as time wears on, but also an understanding that the father has the same ability to raise a child as the mother. Nationally, around 85 percent of primary custody awards are given to the mother, and many groups are advocating changes to this presumption, which many have considered largely gender-biased or based on outdated sterotypes. However, there are those who argue that splitting time between parents, vis-a-vis equal time-sharing, could have detrimental effects as well due to the implication of a potentially unstable residential situation for the child.
Regardless of what happens, there is little doubt that child custody battles are becoming more common for men who want to have a say in how their children will be raised. This also will have an effect on the child support equation and which parent ultimately pays/receives child support. While the laws surrounding divorce custody issues are changing generally toward increased equality, the treatment of delinquent parents will not. If you have a question regarding the child custody laws in your state, it is important to speak with a family law attorney to learn more about your legal rights and options.
Article provided by Lewert Law Offices, P.A.
Visit us at www.lewertlaw.com
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