There was a time when fathers weren’t favored as parents. As a matter of law, custody defaulted to the mother. The “Tender Years” doctrine held that mothers made better parents for younger children. Today, there is no gender preference in ANY law of ANY state for custody or parenting time. But the fear fathers feel still exists.
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If you’re looking for a firm to take advantage of the real fears fathers have of the prejudice against them from decades ago, there are some big law firms out there who will do just that. Not us. Making money off this fear gives all family law lawyers a bad name, tears families apart and harms children.
The “Tender Years” doctrine worked immeasurable harm on families. Its ghost haunts families today. Like “Jim Crow” laws, the prejudice the “Tender Years” doctrine legitimized can still be felt, even though it’s no longer enshrined by statute. Battling this prejudice against fathers will always be important.
But stoking the fear men have that in each and every case, in each and every state, in front of each and every judge, these fathers will lose their children if they don’t fight with everything they have is malicious. It’s a lie intended to feed off the fear of men for the personal gain of a lawyer.
Like racial prejudice, bias against fathers is alive and well, but it’s not the law in any state and it’s not pervasive. Don’t sacrifice your wellbeing, the wellbeing of your children, or your life savings because some lawyer feeds off your fear and anger.
Any man who is trying to establish his rights as a father or who is the alleged/presumed father of a child is referred to by the state as a “putative” father. The rights of unmarried fathers are clouded in uncertainty. Only 20 states legally establish paternity after a state-approved paternity test. It’s important that men seeking to establish their rights as a father in paternity actions pursue effective legal counsel as they seek genetic testing.
Men may have perfectly legitimate fears of prejudice against them as parents. The law itself used to give preference to mothers for all custody related issues. A father’s job was to pay the bills and support the family, not to attend school conferences, trips to the doctor, or read bedtime stories.
All that’s changed now. In modern families, these duties are shared evenly regardless of traditional gender roles. While the law is notoriously slow to adopt modern social change, not a single state gives one gender parenting preference over another.
But to assume men and women have the same fears and worries, or process divorce the same way, is a mistake. Every divorce is different, every family is different, every parent is different. Modern Family Law has experience helping men come through a divorce with long-term solutions.
We provide legal services and consultation in the areas of:
Through all of these ordeals, it’s important to have an effective legal defense to ensure that all the time you spend fighting for your rights as a father doesn’t go down the drain. Our divorce attorney for men’s rights fight for fathers across the board with our long list of professional references at our disposal. Don’t give up in the face of paternal disputes that seem impossible to overcome; get the help you deserve.
Fathers play an important role in the lives of their children, especially in the decision-making aspect. For a parent, having the ability to make decisions regarding the child’s education, health care, religion, and other important factors can make a big difference in the child’s upbringing. As a father, you should have a say in these matters.
Oftentimes in custody matters, a court will decide on sole or joint decision-making ability or legal custody. Unlike physical custody which determines the residence of the child, legal custody will determine who can make important decisions. It is hopeful that both parents can have legal custody in order to maintain stability.
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