In divorce actions, fathers feel as though the system is rigged, and that they will never get a fair shake when it comes to custody or shared parenting of the children. Moms, on the other hand, often feel as though dad doesn’t deserve much time with the kids, given that either he was cheating…or he was a workaholic and never home to help out…or that he should not be trusted alone with the children for a variety of reasons. And Moms have heard that nowadays, all fathers are awarded shared parenting!!
So, the question is, would the court even award shared parenting to a father such as the notorious Ted Bundy? And the answer is, OF COURSE NOT!! But, it is up to mom to prove that a father is not fit. A court cannot simply rely on mom’s statements that dad is not fit to be alone with the children. Mom needs proof. Without such proof, the father will likely get shared parenting.
So, what does mom need to prove to the court that shared parenting is not right for this family? Mom needs to have evidence that the father’s behavior poses a risk of harm to the children. For instance, is dad doing drugs? If so, mom can ask the court (with the help of an attorney) to mandate a drug test. Is dad a chronic alcoholic? Is dad engaging in any other type of risky behavior that could negatively affect the children? And who is dad seeing? The attorneys at Joseph & Joseph, Co. LPA can help determine if the “significant other” poses a risk of harm to the children, as well. And if mom feels that dad has mental health issues, the office of Joseph & Joseph, Co. LPA will have dad tested by a forensic psychologist to help prove that (1) dad has mental health issues; and (2) that mom should have custody because of these issues.
So, while fathers may feel as though the system is rigged in mom’s favor…it isn’t. In fact, typically fathers WILL be awarded shared parenting.
It is imperative to have excellent legal counsel when going through such a high conflict divorce. The attorneys at Joseph & Joseph, Co. LPA are ready to assist.