Men's Rights for Custody in Divorce
Men's rights for child custody have come a long way. Most states now employ the "best interests" standard that examines a number of factors to determine which custodial situation is in the best interest of the child.
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History
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Historically, custody was originally awarded to the father in the event of a divorce. Children were considered chattel (property) and the father technically "owned" the children in the event of divorce. Within the past century, however, women have begun to get custody of children in most custody cases. More recently, the best interests standard has started awarding custody to fathers upon divorce if it is in the best interest of the child.
Types of Custody
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Sole custody and joint custody are the two main forms of custody. Sole custody awards custody to one parent while the other parent is usually given visitation time. Joint custody awards custody to both parents. Both parents share custodial time almost equally and share parenting decisions.
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Best Interest Factors
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The current standard in most states is the best interests standard. These factors examine which custodial situation would be in the best interest of the child and considers the living situation, stability of the home, school record and community.
Men's Rights
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Men have a right to file for sole or joint child custody in the event of a divorce. A divorce attorney can help file a motion for custody and a divorce judge will make the custody decision.
Contesting Custody
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Even if custody is originally awarded to another parent, a man has the right to petition the court for either more visitation or a different custody situation. The court system wants fathers to have a part in their children's lives and often awards more visitation time to fathers.
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