(Closed) are mothers still favored in court?

posted 7 years ago in Legal
Post # 3
Member
994 posts
Busy bee
  • Wedding: September 2011

From what I’ve read, if the father makes a strong case, judges actually see that as “wow, he’s really interested!” and they favor the dad (they become persuaded b/c they are used to dads not being interested in custody). If it’s an everyday case, then, the mom is usually favored. Hope everything is ok with you.

 

Post # 4
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

Yes, unless the father can show reason why the court should not allow the mother to have custody and that he should be the custodial parent. This would normally lead to a hearing where both sides present their cases and the judge decides who is more fit to be the custodial parent. Barring obvious issues such as drug or alcohol addiction, or credible abuse allegations, the mother is typically favored by the courts.

@blu77: 

I’m not trying to hurt your feelings but that is just not true. Judges do not automatically favor dads who give a shit about their kids. That’s EXPECTED of you.

Post # 7
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

@MrsNeutrino: 

When it comes to relocation, a judge may not necessarily remove your child from your custody, but your child’s father CAN make it difficult for you to move a significant distance away from him as it would hinder his ability to have a relationship with his child. Many divorce settlements and custody agreements include a section where parents agree not to move further than a certain distance away with the child to allow both parents to have a relationship with the child. A judge MAY favor your child’s father in that instance and not necessarily give him full custody, but may issue an injunction preventing you from moving until another hearing is scheduled or until you two come to an agreement on your own terms.

Post # 9
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

@MrsNeutrino: 

Ugh, I’m sorry about. Ultimately it is always better for the child if the parents can come to an agreement on their own without having to involve the courts. A judge will have to look at the totality of circumstances and what is best for the child as far as maintaining stability and a level of lifestyle the child is used to as well as balancing that with the non-custodial parent’s ability to maintain a relationship with the child when it comes to making a decision. 

Post # 10
Member
3182 posts
Sugar bee
  • Wedding: May 2012

A friend of mine has gone through this recently.  She was able to relocate and the visitation order was obviously changed as a result.  What helped her case was 1)a showing that her current situation was less than ideal (low paying job, etc.) and that moving would provide a more stable environment for the child (family in new town, etc.) 2)the fact that the father had missed a lot of visitation, been late on child support, and generally shown that he was not providing for the child. 3)She had come up with a lot of ways she would facilitate communication between the father and child.  Suggested skyping on a regular basis, agreed to a lot of visitations right off the bat, like every spring break and three day weekend, two weeks of every month over the summer, etc. 

Honestly though I think it’s hard to do.  My friends ex is a grade A asshole and craptastic dad and originally the judge said she couldn’t move. She had to appeal it in order to be able to relocate.

Post # 12
Member
2313 posts
Buzzing bee
  • Wedding: August 2011

@MrsNeutrino: 

It’s an emotional situation, and in family court, judges and lawyers see it a lot. A judge won’t let a mother who is obviously upset over the situation and is crying affect their judgment. But do try and be as rational and thorough as you can when explaining your position. THAT will help. 

Post # 14
Member
3182 posts
Sugar bee
  • Wedding: May 2012

@MrsNeutrino: I know this isn’t directed towards me, but I don’t think crying would be a bad thing as long as it was genuine.  However, be careful not to go into how your life would be negatively effected by not being able to move or whatever.  Frankly, the judge doesn’t care if it would break your heart not to see her as often.  Focus on why it’s best for the child. Best of luck to you!

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