Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children. Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.
Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support. This body of research is gaining momentum. Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.
As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother. Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.
If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation. The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works. Failing to learn how the family law system works may doom your case. Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.
Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself; 2) obtaining incorrect legal advice (from friends and family rather than a legal expert); 3) signing a settlement agreement they are not in agreement with and later deeply regretting it; 4) failing to perform under the actual settlement agreement signed; and 5) getting frustrated and/or acquiescing to unreasonable orders.
Some of the things you may want to consider as you prepare for the custody battle are as follows:
- Who has the financial ability to best care for the child(ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
- Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
- Who is more stable and/or can provide the best home for the child(ren)?
- Where has the child(ren) been attending school? Is it possible to keep the child in the same school district?
- Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
- Consider if a home study should be prepared regarding each home of the child.
- Consider whether a psychological evaluation should be done on the mother?
- Is drug testing necessary? (Be sure to request hair follicle drug testing.)
- Is there an alcohol or other addiction problem in the home?
- Who can provide the best moral upbringing for the children?
- Is there evidence such as pictures, video tapes, etc. that may help your case?
- Avoid unnecessary compromising photos or data on Facebook or other social networking sites.
List any other relevant issues you feel may be important to your case before you meet with an attorney.
The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.
Many Fathers are becoming more aware and knowledgeable about home, fatherhood and what this really means to the growth and mental wellness of their children. Whether they live with their child and mom, are a single parent, or as a divorced parent, or co-parent, studies in the last 10 yrs have shown the importance of the involvement of the father in promoting the child’s well-being, especially regarding issues of diet/nutrition, exercise, play and parenting behaviors. Most fathers are present at their child’s birth, even though 40% of births are between unmarried couples.
( AAPpublications.org/news/2016/13/Fathers061316 ).
Today’s fathers are taking a very active role in caring for their children and helping around the house. The share of stay-at- home dads has increased to 17% in 2016, up from 10% in 1989. 68% of fathers who stay at home to care for family are younger than 45. (Pew Report/2018/09/24/Stay-at-home-moms-and-dads). Younger fathers are leading the trend for more quality family time with their children. Sadly, 63% say they spend too little time with their kids, with only 36% says they spend the right amount of time with their children (www.pewsocialtrends.org/2017/10/18/methodology-12/). Could this be because many of these younger fathers were raised in divorced or single parent families?
Pew Research Center 6/13/2018 published a new survey on “7 Facts about American Dads” and this is very eye opening. Here are some of the more interesting items:
- 57% of Fathers see parenting as central to their Identity and 54% report parenting is rewarding all the time.
- Dads are more involved in child care averaging about eight (8) hours weekly on child care and 10 hours a week on household chores, which is about triple the time provided in 1965.
- Work-Family balance challenge for Fathers: 52% of Fathers say it is difficult, but 48% of dads say they need the income for the family.
- Who is the better Care Giver? Mom or Dad? 53% of Adults still say Mom, but 45% of Adults now say fathers and mothers do equally well.
- Most Americans (64%) say men and women have different approaches to parenting. 56% of Americans say the gender difference in parenting is a Good Thing.
- Seven-in ten adults say it’s equally important for new babies to bond with both their father and mother. 49% of adults said employers put more pressure on Fathers to return to work quickly after the birth or adoption of a new child.
This is really a good time to be a Dad! Public Opinions are changing about who is the better parent for the child’s growth, influence and advancement to healthy, positive adulthood. In the legal arena, States Legislatures and Courts are working on changing obsolete laws and statues favoring one parent over another and trying to work on having more even opportunities for both parents to equally raise their child.
If you are a father and having problems with having or enforcing your rights with your child, don’t give up. You are important to your child. Find a caring Attorney who can help.
Nacol Law Firm PC
Dallas, Tx 75231
The Nacol Law Firm P.C. is committed to helping parents have the right to have frequent and continuing contact with their child.
Sometimes you can settle, SOMETIMES YOU FIGHT FOR YOUR RIGHT!
We can help!
Fathers Rights and Interstate Jurisdiction Attorneys – Dallas Tx
In a Texas child custody agreement, interstate jurisdiction refers to the state which has the legal authority to enforce and modify a Texas child custody agreement. The state that has jurisdiction decides your Texas child custody case.
For help with a child custody case that crosses state lines, contact a qualified interstate jurisdiction attorney to make sure your rights are protected!
Modern High Asset marriages commonly involve Pre-Nuptial agreements to preserve and protect each spouses‘ property. If one spouse takes advantage of the other and the Pre-Nuptial is unconscionable, it may be attacked as invalid as a matter of law. There are a few considerations you should make sure of before determining if a Pre-Nuptial is valid:
- Did you sign the Pre-Nuptial voluntarily?
- Were you given fair disclosure of the property or obligations of the other spouse?
- Did you waive the right of disclosure in writing?
- Did you have adequate knowledge of the property or financial obligations of the other spouse?
If you answered “NO” to either (1) or all of (2)-(4) then you may be in a position to contest the Pre-Nuptial agreement. It is difficult to show that a Pre-Nuptial agreement is unconscionable. The Courts have made it clear that “unfairness” which is short of unconscionability does not make a Pre-Nuptial unenforceable. Determining whether a Pre-Nuptial agreement is valid or not is in large measure a question for the judge and not for the jury. This means that a judge will make the determination if your spouse has forced you to sign a Pre-Nuptial in an unconscionable way.
For high asset divorces, Pre-Nuptial agreements are more common. If you are a spouse that was pushed into signing a Pre-Nuptial without fair disclosure or without adequate knowledge of the property or obligations enforced in the agreement you may have a claim. Depending on the circumstances, invalidating a Pre-Nuptial agreement may be time consuming and costly, so an experienced attorney must be consulted.
Assess your situation at the time you signed your Pre-Nuptial. Did your spouse muscle you into signing the Pre-Nuptial, thus possibly invalidating the Pre-Nuptial? Once you have answered these questions find an experienced attorney that is familiar with contesting or setting aside unconscionable or unenforceable Pre-Nuptial Agreements.
Julian Nacol, Attorney
Nacol Law Firm P.C.