Navigating the treacherous waters of child custody can sometimes feel like journeying through an uncharted territory. At the Morris Firm for Men, we understand that the well-being of your children is paramount, and we are dedicated to informing and supporting fathers throughout this challenging process.
In this article, we aim to clarify the basics of child custody, unravel the differences between physical and legal custody, and underscore the crucial principle guiding all custody decisions: the best interests of the child. We will tackle common misconceptions about gender bias in custody decisions and shed light on the evolving legal landscape, which is increasingly recognizing the invaluable role both parents play in their child’s life.
Finally, we will highlight how we at Morris Firm for Men are committed to representing fathers in these cases. We’ll showcase our approach to protecting a father’s rights and how we work rigorously to present a strong and compelling case for custody.
Our goal here is to empower fathers with the knowledge they need to navigate the complex terrain of child custody confidently and help ensure that their relationship with their children is preserved and nurtured, even in the face of divorce or separation. These are the issues that profoundly matter to us at Morris Firm for Men.
Debunking Gender Bias
Historically, the “tender years” doctrine, favoring mothers in custody issues of very young children, was widely accepted and practiced in the court systems. This doctrine perpetuated a common misconception that mothers are naturally better caregivers than fathers, leading to a societal bias in favor of the mother in custody battles.
However, the legal landscape has evolved significantly in the last several decades. The courts have moved away from gender preference and towards focusing on the “best interests of the child” as the guiding principle for child custody decisions. Although Alabama is not yet a considered an equal/shared custody state, today mothers no longer receive as much preferential treatment simply because of their gender.
Current legal standards recognize the importance of both parents in a child’s life. Even in cases where one parent is granted primary physical custody, the non-custodial parent often retains legal custody and visitation rights, allowing continued involvement in their child’s life.
At Morris Firm for Men, we are well-versed in these transformations in the legal sphere and realize the importance of defeating any remnants of gender bias in the legal process. We advocate staunchly for a father’s right to maintain a relationship with their child and work tirelessly to ensure that a father’s role is not undermined by any outdated stereotypes.
There is legislation in the works to make Alabama the next “shared custody” State, but at the time of the writing this article, the central feature of child custody determinations in Alabama the “best interests of the child.” Were Alabama to be a shared custody State, it would mean that the court starts every child custody determination with a presumption that it is in the “best interest of the child” that custody be shared equally by both parents.
Instead, under the current best interest standard, there is no presumption about what form of custody is “best” for the child, rather it is up to the parties to demonstrate to the court that their proposed custody arrangement (whether primary with dad, or shared custody, etc.) is in the “best interests of the child.”
The factors considered in determining a child’s best interests vary, but they often include the child’s age, health, emotional ties with parents and siblings, the ability of the parents to provide stability, the child’s routine, their adjustment to home, school, and community, parents’ and/or the child’s mental and physical health, among other factors. You should discuss these factors with your attorney and be sure that they understand how to present them to the court in a way that weighs the best interest of the child in your favor. Elsewhere on our site we discuss these factors in more detail, but for purposes of this article we now turn to how you as a father can win your custody battle.
Be Proactive
If you are a father interested in wining your child custody case, then you are already moving in the right direction. Paraphrasing the Art of War by Sun Tzu, Steven Covey has said, “Wars are won in the general’s tent” long before a battle is ever fought. There are only so many things that you can do to impact your child custody once a custody battle has begun, but one of the most important is to take the time to learn about the laws regarding child custody and to find a child custody lawyer that can help you do so. If you do not understand your rights or the laws, you won’t be able to insist on them. Thus, it is important to learn about child custody law in your state and what is common and what the law allows, so that you know what to expect. Also, if you take the time to learn some of the legal terminology on your own it could help you in explaining to your attorney exactly what you want, and it may also help you in explaining to the judge what you want and why you want it.
Be proactive also means, don’t wait until a child support, divorce, or child custody case is filed before you begin the process of looking for, finding, and hiring a family law attorney. Speaking with a family law attorney sooner rather than later may help you avoid some common pitfalls, and may also help you make sure that you are making the rights moves now in order to put yourself in the best position to win custody when the time comes.
Additionally, if you know that there may one day be a custody battle upon you, don’t wait until its too late to start documenting and gathering evidence. If there are significant events that take place, even before it is clear that there will be a custody battle, make a note of it. Write down the date and the details of significant events that take place, so that you can remember them later when the time comes. Memories fade, and because memory is one of the key factors in the credibility of a witness, the witness with the best memory, and evidence to support it, will have a huge advantage over the person that “can’t remember” or isn’t sure. Be proactive, keeping a calendar or a journal of things such as; when you keep the child and what you do when you have the child in your custody, or the time the child was left alone, or the time there was a physical altercation, or child support payments that were made, or any other relevant event.
If there’s something going on that you want to be sure to be able to prove later on, take a picture, make an audio or video recording, keep the receipt, etc. And, just as important as getting/creating documentation, if not more, keep it in a safe/secure place. Store it in a place other than just you phone or computer. Just remember, it is far better to have a recording and delete it because you don’t need it, that to be saying to your attorney, “I wish I had that recorded”, or worse, “I wish I still had that recording.”
Understand Child Custody and Child Custody Laws
Child custody refers to the legal responsibility and right a parent has in the upbringing of their children. In a divorce or separation scenario, child custody becomes an important concern that the courts need to address. The laws surrounding child custody aim to protect the welfare of the child and determine the rights and obligations of each parent after a separation or divorce.
One of the most common pitfalls that we see men in Alabama fall victim to is allowing child support to be determined prior to child custody being established. It is easy to do because often times child support petitions are filed and set for a hearing before the defendant is even served, but if this happens it is important to file an answer and counterclaim for child custody (or believe it or not divorce) elsewise, if child support is ordered prior to child custody being established it can be prejudicial to your ability to fight for and win shared or primary custody.
Different Types of Child Custody
Child custody can be broadly classified into two categories: Physical Custody and Legal Custody.
Physical Custody refers to where the child will live; the custodial parent’s residence is the child’s main residence. When one parent is granted sole physical custody, the child lives with them, and the other parent typically has visitation rights. Joint physical custody, on the other hand, means the child’s time is divided between both parents’ homes.
Legal Custody, in contrast, involves making long-term decisions about the child’s upbringing, such as their education, healthcare, religious upbringing, and other important aspects of their welfare. Like physical custody, legal custody can also be joint or sole.
While these labels might suggest divisions, courts acknowledge that children benefit from maintaining relationships with both parents, so arrangements are often made to ensure the participation of both parents whenever possible.
The Role of Morris Firm for Men in Child Custody Cases
At Morris Firm For Men, our core focus is on advocating strongly for fathers in child custody cases and assisting them as they navigate through this emotionally strenuous period. We passionately believe in the importance of a child maintaining a strong relationship with both parents. To ensure this, our firm works to represent fathers who have been undervalued due to societal stereotypes and biases.
Our diligent approach begins with a comprehensive evaluation of the unique aspects of each case we take on. We value open and honest communication with our clients, ensuring they are informed and understood each step of the way. Our expertise allows us to build a compelling case, championing the rights of fathers in custody battles and presenting the facts in a way that highlights the best interests of the child.
We are skilled negotiators, understanding when to mediate and when to litigate for the best possible results. We guide fathers in preparing to demonstrate their capacities and strengths as parents, whether that’s in designing a consistent and positive parenting plan or showcasing their engagement in their child’s educational, medical, and extracurricular activities.
At Morris Firm For Men, we understand that protecting your relationship with your children is the priority. As such, we provide zealous advocacy and compassionate support, striving to secure results that preserve the bond between father and child. We bear our client’s best interests in mind, always striving to deliver a fair outcome for the child and father alike.
Get the Support You Deserve
Understanding child custody can seem like a daunting task, especially during a time when emotions run high. Most importantly, all custody decisions revolve around the best interests of the child.
Here at the Morris Firm for Men, we are deeply committed to helping fathers navigate through their child custody cases. We understand the immense stress and apprehension fathers may experience during this process. Our dedication to advocating for fathers’ rights and working tirelessly to present a compelling case ensures that every father we represent gets the legal support they deserve.
