Facing a Stacked Deck in Family Law

Any father who has gone through the family court system is acquainted with the feeling of lost control. All you want is what’s best for your child, but it often seems as if the courts prefer to rule in favor of the mother. While judges and legislators claim that family court isn’t biased, this is hard to believe. Fortunately, fathers do have rights when seeking child support or custody modifications. They simply must understand how to assert them.

However, even understanding your rights does not mean you won’t face an uphill battle. Courts still frequently find in favor of mothers. In fact, this is often by design. Did you know that mothers are more likely to ask for sole custody — while fathers typically seek joint custody? Still, you shouldn’t let your first experience with court dictate your life moving forward. You have rights, and these rights may help you secure a judgment modification.

The Right to Request Modifications

The first right you should understand as a father is the right to request an order modification. While family court orders may feel permanent — particularly if they’ve been in place for years — fathers have the right to request changes when circumstances dictate such a request.

In most cases, this will become relevant when a substantial change in circumstances has occurred. If so, there’s a good chance that a modification is possible.

The Right to Equal Consideration

While it may not feel this way, every father has the right to be considered on the basis of their circumstances rather than their gender. Courts are required to treat men and women equally when considering potential order modifications.

Of course, this can be difficult to police if it’s just you and the mother standing before a judge. That’s why it’s often advisable to seek legal assistance. The presence of a professional in family law means the courts are more likely to abide by their duty of equal consideration.

The Right to Due Process

In America, everyone has the right to due process. As a father seeking to modify a custody or support order, this means you can use the legal system in your favor. You have the right to be heard and have your case considered by a family law judge.

You also have the right to be notified of any legal actions involving custody or support. This process cannot take place in a vacuum — you are able to participate every step of the way. Make sure you follow proper legal standards, and your right to due process cannot be violated.

The Right to Present Evidence

When you’re in court seeking a modification to a child support or custody order, the judge will require more than just your word. Fortunately, fathers have the right to present evidence that supports their request for an order modification.

This means you can submit financial records, housing changes, employment changes, and other relevant evidence related to your child’s well-being. You also have the right to call witnesses and experts to testify on your behalf.

The Right to Fair Evaluation

When it comes to a father’s rights when seeking to change a child custody order, few things are as important as their right to fair evaluation. The court must focus on the best interests of the child, and this includes considering factors such as the child’s relationship with each parent, their needs, and the stability of a home.

When it comes to support modification requests, fathers also have the right to have their situation fully evaluated. In no situation is it appropriate for a judge to simply brush off a father’s concerns or refuse to consider a change to their initial order. Your case must be evaluated on its merits.

The Right to Parenting Time

After a parenting time order is issued, the father has the right to access that time. If the other parent refuses to comply, the father can request for the courts to become involved. This can sometimes lead to “make-up time” or even modifications to the original order.

Fathers also have the right to request modifications to increase or decrease their parenting time based on changes in circumstances. Family courts are not an easy place for men to persevere, but your child is still your child — and the law must recognize this.

The Right to Financial Relief

Support orders seem like a financial burden. That’s because they are. This is especially true for fathers who had to split their properties during a divorce or pay alimony to their former partner. Fortunately, you do have some legal recourse if such orders become too much of a burden.

Fathers have the right to have child support orders modified based on significant changes to their financial circumstances. This could include job loss, pay cuts, or increased expenses. You may even be able to request a modification based on the improved finances of the other parent.

The Right to Legal Resources and Representation

When seeking a judgment modification for child support or custody orders, your right to legal resources and representation may be the most important. For instance, there are various parenting programs available that can be used to support your case for modification.

Participating in online parenting classes, co-parenting programs, and government programs may prove beneficial. Organizations like the National Fatherhood Initiative offer parenting skills classes. Fortunately, there are many resources that you can take advantage of.

However, fully asserting your rights as a father seeking a modification of custody and support orders often requires seeking legal help. At the American Divorce Association for Men, our team of attorneys will fight for you. Contact us at 248-290-6675 for a free consultation today.