How Fathers Can Protect Their Rights in a Custody Battle in A Few Ways

A father’s right to see his children is a matter of law, but how the father interacts with the child’s mother can also have an impact on his case. Many men in Florida feel that they are not given the same chance as mothers when it comes to custody and visitation arrangements. Ingrained gender biases can lead to a court favoring the mother and leaving the father with only minimal time. Our Miami fathers’ rights lawyers at Orshan, Spann & Fernandez-Mesa fight to ensure that all parents get the amount of custody and visitation they deserve.

One thing that a father can do to protect his rights is to keep in contact with the child’s mother and make sure that both parties are on the same page about what the best interests of the children are. A lawyer can help the father draft a parenting plan that is enforceable in court and submit other evidence to the judge for consideration. This may include a parenting evaluation and/or the appointment of a Guardian ad Litem.

The other thing that a father can do is to be prepared for a court hearing by establishing paternity as soon as possible. Paternity can be established by the father signing an Acknowledgement of Paternity form with the mother, which then gives the father parental rights to the child. Paternity is important to establish because the father will then have the ability to convey certain public and private benefits for the child, such as health insurance and life insurance.

Lastly, the father can prove that the mother is not fit to have custody by showing that she will undermine the father’s relationship with the child or will not comply with the court-ordered time sharing schedule. This can be done through the use of evidence such as past abusive behavior and/or other information that would support his claims. The father can even record conversations with the child’s mother, but before doing so he should consult an attorney for legal advice.

Florida laws governing custody are based on the “best interests of the child.” While this principle is generally fair, it can be difficult to decide what is best when both parties fervently believe they are. Sometimes, the court will order a parenting evaluation and/or a Guardian ad Litem to help assist with its decision making. If the other parent makes a despicable claim of abuse, our Miami-Dade dads’ rights attorneys can defend their client by presenting other evidence to demonstrate that such an allegation is unfounded. This can help them secure full custody or a favorable parenting plan. To learn more about how to defend your fathers right in family law visit