Fathers Getting Child Custody

By on 2-22-2014 in Family Issues

Child custody that goes to the father is an important issue – fathers generally wish to protect their relationships with their child. Most fathers think that when divorce occurs, the custody of the child will immediately go in favor of the mother, and while this is what often happens, the court also provide the same  rights in regards to viewing who is more fit for child custody. Knowing your rights and responsibilities as a father during the whole divorce process could be vital when it comes to child custody.

In recent years, there has been a dramatic shift in the legal system regarding child custody, and these are mainly from advocacy groups as well as fathers who believe in gender equality on child custody. Presently, courts considered many factors that could affect who would receive custody of the child, and the long-believed notion of mothers being the best caregiver is slowly being set aside. Moreover, courts nowadays believe that both parents should be present in the child’s life, and would prefer to give shared custody or equal visitations to both parents.

One of the best ways to ensure fair child custody or agreement is by discussing about it with the future ex-wife, even before going to court. When a settlement has been both agreed upon, the court would more than likely agree to it, lowering expenses and lessening the stress ad turmoil that the divorce gives. In cases where both parents can’t come into an agreement regarding child custody, the court will decide on the matter. The court will also be the one to determine the types of custody and visitation rights that will be given.

For a father to win the custody of their child, they must be able to prove that the mother is unfit to support and care for the child. Unable to do so would cause the court to grant joint custody. Courts take into consideration a number of factors to determine who would get custody of the child, and often the relationship between the parent and child is considered. Having proper evidence on your positive role on your child’s life, as well as witnesses and other supporting documents could be vital in ensuring you, the father, will win the custody of your child.

Child Custody and the Issue of Inheritance

By on 2-22-2014 in Family Issues

As modern societies have increased the formation of more complex types of family relationships, laws governing the family have also increased, besides becoming more intricate. Divorce, for instance, is one issue that leads to many other matters the need to be settled either by the divorcing couple or by the court, if the couple cannot come to agreeable terms; matters, such as alimony or spousal support, division of properties, assets and debts, (if the couple has a child, then) child custody and child support, and now, another concern that is becoming more common, inheritance claims.

Child custody is probably the most complicated divorce-related issue that needs to be settled, that is, if both parents refuse to surrender their custodial right to each other. But since there is no fixed law that governs all U.S. states, as most of the factors considered by family law courts differ from one state to another, except for one – that whoever the custodial parent will be should be based on the best interest of the child, many other factors come into play, including being a fit parent. Whatever decision a court makes, after hearing and evaluating all pertinent matters that will affect the child’s future, is made as part of the divorce decree. This divorce decree identifies the custodial parent, the non-custodial parent’s visitation rights and who will provide financial support.

During the latter part of the 1800s, however, custodial right was solely awarded to fathers due to inheritance issues and the Property Law. The Tender Years Doctrine changed this tradition at beginning of the 19th century. This doctrine, which presumed that mothers naturally did much better in taking care of young children, lasted until the 1970s.

Regardless of who gets custodial rights, children, and even grandchildren, under certain limited conditions, are entitled to claim a share in their parent’s property, after the death of that parent. This claim to an inheritance is possible, overriding even, in some cases, what the deceased parent’s wills and trusts say. Inheritance disputes, though, are often highly contentious and controversial, that having a Houston lawyer of the Mokaram Law Firm, who is well informed in inheritance laws and procedures, is often necessary.