Navigating The Legal Challenges Fathers Face In Custody Battles
Published On: October 2, 2024
There’s a common perception, often fueled by media portrayals, that fathers are at a disadvantage in custody battles after a divorce. Fortunately, this isn’t automatically true. This article will help you understand how to hold your ground and even win custody disputes in Nebraska, covering:
- How to prove your parental fitness during custody battles.
- How to handle false accusations during custody conflicts.
- How to prepare for custody mediation.
Is There A Gender Bias Against Fathers In Nebraska Child Custody Cases?
While there may have been a time when courts tended to favor the mother’s position in custody cases, this is no longer the norm. Today, Nebraska courts are much more likely to order joint custody unless there are compelling reasons to do otherwise. The focus is now on what’s in the best interest of the children, and joint custody arrangements are quite common.
How Can Fathers Prove Their Parental Fitness In Custody Battles?
Fathers should approach proving parental fitness in the same way that mothers do. While every family’s circumstances are unique, it’s not uncommon for one parent to have a more traditional role in day-to-day care of children, while the other may focus more on employment and providing for the family financially.
It’s crucial to show that, even if you’ve been less involved in the daily care of the children due to employment obligations, you are still a fit and capable parent who deserves custody or joint custody. Demonstrating that your contribution in providing financial support does not represent a lack of care or an unwillingness to be involved in the day-to-day care of the children, but rather out of a responsibility to provide for your family, can be important because both parenting roles—caregiving and financial support—are essential.
How Can Fathers Navigate False Accusations During Custody Battle Disputes?
When dealing with a false or misleading accusation, it is very important to present sufficient evidence to rebut it, and, if possible, to prove the accusation is false or fabricated. It is not uncommon for false accusations to arise during difficult and contested custody cases. This is one of many reasons why having an attorney is crucial in any custody conflict, even if it initially seems amicable.
One parent not being as involved in the day-to-day care of children as the other doesn’t necessarily mean they are a bad parent or that it isn’t in the children’s best interest to spend time with both parents. Your attorney can help you demonstrate your ability and willingness to be involved in your children’s lives, meet their needs, and provide proper care—helping to overcome any false accusations and laying the groundwork for joint custody.
How Can Fathers Prepare For Custody Mediation Settings?
In cases involving custody proceedings, mediation can offer a path towards a more amicable resolution without the need for litigation. Going into mediation with the right attitude and answers will likely go a long way in reaching an agreement at mediation.
During custody mediation, it is important for you, as a father, to convey conviction about what you are asking for and why. You should be prepared to explain what you want and why you feel that is in the best interest of the children.
While mediation must be attempted, and a genuine good faith effort must be made to try to reach an agreement, neither party is obligated to reach an agreement at mediation. There is always the opportunity to address your custody matter through litigation in the event the other parent is not willing to agree to the custody arrangement and the schedule you believe is best for the children.
How Can A Working Father Win Over The Court In A Custody Battle?
To illustrate how a father can succeed in a custody battle, consider the case of a former client—a father of two children who worked long hours to provide for them financially. His work commitments had prevented him from being heavily involved in day-to-day care of his children, as his focus was on meeting the family’s financial needs.
During the custody proceedings, he was able to show he was more than capable of handling the day-to-day needs of his children. He created flexibility with his employer, made changes to his schedule, and demonstrated a willingness to continue providing financially while also being more present for his children.
Despite a rigorous travel schedule prior to the custody proceedings, we were able to show he had adjusted his commitments to be around more often moving forward. Ultimately, the court awarded joint custody. Twenty or thirty years ago, this outcome might not have been possible, but today, with the father’s efforts and the work of diligent attorneys, the decision was clear: both loving parents should be equally involved in their children’s lives.
Absent compelling reasons to the contrary, it is largely considered to be in the best interests of children to have both parents in their lives, especially considering the difficulties that can arise in contested custody litigation. When you have a parent who wants nothing more than to be there for his children, and there are no compelling reasons representing an inability to provide proper care, allowing him the opportunity to do so is undoubtedly the right call.
For more information on Navigating Legal Challenges Fathers Face In Custody Battles, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
