Fathers are often wary of the family court system and how a judge may rule in their child custody case. The law protects both parents equally and is designed to ensure that the child’s best interests are met in each custody matter. However, there are situations in which mothers actively attempt to undermine the child’s relationship with the father or otherwise interfere with the father’s parental rights. If you are experiencing this, who can you count on to be a trusted advocate?
Jennifer Wiggins Moore Family Law, P.C. represents fathers who are fighting to make sure they will always have a place in their child’s life. Find out how we can defend your interests and ensure fair treatment in the courts.
An Uphill Battle for Fathers
Not all custody matters involve allegations that the father is being treated unfairly. In many or perhaps most cases, the rights and interests of both parents are respected equally, and the child’s interests are given top priority. This is how it should be under the law. But many fathers face a different reality.
Experiencing discrimination in child custody is sadly common, and it’s usually at the hands of the mother. These are a few examples of such disparate treatment:
Denying Custody or Visitation
A mother may refuse to allow the father to see his children, even if a court order or parenting agreement is in place that clearly allows it. In many cases, parents separate, and the father is denied access to the child before any court order or agreement is established. But even in the absence of an order or agreement, the mother should allow the father to see the child.
Conditioning Custody or Visitation
Parents may impose unreasonable or irrelevant conditions on allowing the child to visit the other parent. For instance, a mother may try to prevent the children from visiting the father until the divorce is finalized or the father agrees to a certain property division. Sometimes, court orders and agreements impose conditions, such as supervised visitation. However, in the absence of one of these, any conditions – such as returning the child to the mother by a certain time – should not be arbitrary or unreasonable.
Refusing Custody or Visitation Until Child Support Is Paid
Not all fathers pay child support, although the reasons may vary. Regardless, child support and custody are separate matters. Although a mother’s frustration with not receiving child support is understandable, the proper way to handle it is to enforce the agreement or court order. Failure to pay support does not give the other parent the right to withhold custody or visitation.
Interfering With Parental Rights
As a general rule, the time that a parent has with their children is their own, and the parent has the right to enjoy it free from the other parent’s interference. Many fathers, however, experience situations in which the mother attempts to dictate how visitation time is to be spent. For example, the mother may direct the father to take the child to a certain place during the father’s custodial or visitation time. This is improper interference with the father’s rights.
Cutting the Father Out of Decision-Making
Legal custody is a term that refers to decision-making authority. These decisions involve such consequential matters as the child’s healthcare, education, and religious upbringing. Mothers may believe that only they get to dictate these and other matters for their children. With such a mentality, the mother may make significant decisions without consulting or even notifying the father. Unless the mother has been given sole legal custody, the father has a say, too.
False Accusations
Making false accusations about the father is, unfortunately, a move that some desperate mothers make to obtain more favorable custody terms. Leveling such allegations could also be a ploy to gain an advantage in the broader divorce case. Either way, no father should have their parental rights jeopardized due to lies.
Parental Alienation
Some mothers actively attempt to destroy the relationship between the father and his children, a strategy that is particularly effective when the children are younger. Consistently speaking negatively about the father and berating him in the presence of the children are often part of a deliberate campaign to alienate the children’s affections and help the mother gain more custody time or leverage in divorce.
How Our Firm Protects Fathers’ Rights
As part of our commitment to protect the rights of fathers, we can take the following actions, among others:
- Establishing child custody: If you currently do not have a formal child custody and visitation agreement or order in place, it is imperative that you obtain one right away. Although mothers are still expected to allow fathers reasonable access to the children, having an order or agreement makes it easier to protect your rights.
- Modifying child custody: Courts can always step in and modify an existing child custody order or parenting agreement. The overarching issue in all custody matters is the best interests of the child. Where there is evidence that the mother is harming the father’s rights, a modification in custody may be warranted.
- Mediation: Many custody disputes can be resolved without the need for extensive court involvement. Filing a petition for custody or motion to modify can get you in front of a judge, but settling the case first will take less time, effort, and money. Whatever agreement is worked out in mediation can then be submitted to the judge for review.
- Protecting legal custody: Although physical custody (e.g. visitation) is a critical component of fathers’ rights, the importance of legal custody cannot be overstated. When fathers are not included in significant decisions that affect the child’s life for years or even decades to come, we get to work taking steps to ensure they will have a voice.
- Contempt and enforcement proceedings: Ultimately, if the mother is unwilling to obey a court order or parenting agreement, it will need to be enforced in court. Usually this is done through contempt proceedings. A mother held in contempt could be ordered to pay a fine, pay the father’s attorney’s fees and court costs, or even sentenced to jail.
Contact Our Keller Fathers’ Rights Attorney
We take father’s rights seriously because we believe children deserve to have both parents in their lives whenever possible. If you are a father experiencing mistreatment, bias, false allegations, or other custody-related problems, don’t delay taking action. Call Jennifer Wiggins Moore Family Law to get started with your father’s rights case today.
Jennifer Wiggins Moore Family Law, P.C., serves clients in Keller, Fort Worth, Alliance, Presidio, North Fort Worth, and throughout Tarrant County.
