Father’s Rights In Divorce

Fathers often feel they are at a huge disadvantage in the midst of a divorce.  They believe that no judge would ever limit a mother’s access to her children, but are more than happy to restrict a father’s relationship with his children. The good news is that while that attitude may have been prevalent in the past, these days courts recognize that fathers play an important role in children’s emotional growth and general well-being.

Maryland Law 

In Maryland, it is presumed that mothers and fathers are both critical to a child’s development, and neither parent is favored when custody considerations are addressed. When parents can’t agree on custody arrangements, the court must make a decision based on the child’s best interest.

Custody Options 

Custody decisions must address the legal and the physical custody:

• Joint legal custody allows parents to share in all significant decisions, even if one parent retains physical custody for the majority of the time. Fathers—or mothers– who do not have physical custody still have a full say in matters like religious upbringing, education, medical decisions, and so forth.
• Joint physical custody requires the child to spend a minimum of 35 percent of the time with each parent. There are many configurations for how this might work and is generally easier when parents communicate and compromise well.
• Sole legal custody gives decision-making authority to one parent alone.
• Sole physical custody gives primary physical custody to one parent, with required parenting time allotted to the other parent.

Do Fathers Ever Get Sole Physical Custody? 

In a word, yes! Again, remember that judges must consider what is best for the child. When the father fits the bill, it is absolutely possible to receive sole custody.  Issues under consideration include:

• Who the primary caregiver was during the marriage;
• The physical and psychological capacity of each party;
• The reputation and character of each party’
• The willingness of each party to promote a relationship with the other parent;
• The financial resources of each parent;
• The child’s gender and age;
• Prior issues of abuse or abandonment;
• The preferences of the child, when appropriate.

Child Custody Trial 

A custody battle can be complicated and emotionally draining.  If that’s where you’re headed, it’s best to be well-prepared for battle. That means having documentation and witnesses supporting your bid for custody, including:

• Text, audio, email, and other messages between parents;
• Letters as character references;
• Medical and/or criminal records pertinent to the case;
• Pictures/videos demonstrating your relationship with your child.

Aggressive Representation 

Divorces with bitter custody battles can be tough. That’s why you need a tough legal team fighting on your behalf.  You can count on the experienced Baltimore family attorneys at The Law Office of Hasson D. Barnes to use every legal means available to us to achieve the best possible outcomes for you.  To discuss, schedule a confidential consultation in our Baltimore office today.