fathers’ rights

Fathers’ rights or mothers’ rights — it’s about getting along

It’s not easy, but getting along with your ex-spouse plays a big role in being a better parent. Fathers’ rights should be seen as equal to mothers’ rights and a big part of the equation is getting along with each other for the sake of the kids. Massachusetts parents facing a divorce or recovering from one will do well to keep this in mind if they plan on making their children’s’ best interests a priority. Successful and positive communication between divorced couples is a key factor in a successful co-parenting arrangement. It can also be quite challenging when there are strained feelings at play between the divorcees. Part of the challenge is resisting the urge to let loose on your kids and tell them how you really feel about the other parent. A divorce can create feelings of uncertainty and a future outlook that can be less than positive – but these are feelings that are often harder for children to deal with and the danger lies in communicating those feelings to them. Working on yourself and dealing with your own emotional baggage can be an important first step towards making sure that you will be contributing to building a positive environment for your kids to grow up within. When kids are assured that you’re stable, they feel a sense of stability too. They also need to know that their parents care enough about them to put away the differences between each other in order to work together in their

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Fathers face distinct challenges to their custody right

In today’s society, what were once considered ‘traditional’ parenting roles are often reversed, or the lines between the roles associated with motherhood and fatherhood have been blurred. More and more mothers are active in the workplace, and father who choose to stay at home and raise their children are no longer an anomaly. Even in Massachusetts households in which both parents work, fathers play a far more active role in the upbringing of their children than in generations past. Unfortunately, however, fathers who divorce still face challenges when attempting to assert their custody rights. The law is widely known to lag behind social change. While some judges have come to acknowledge and honor the equal role that many fathers play in the lives of their children, this is not always the case. In many custody battles, the mother has an advantage from the very outset, based on nothing more than cultural presumptions. Therefore, fathers who wish to win shared or equal custody must take a string stance from the beginning. Perhaps the most important aspect of winning the right to share equally in the upbringing of one’s children is to assert one’s parental rights as soon as child custody negotiations begin. It may be helpful to chart out various parenting time arrangements, in order to have a visual reference that shows how different schedules would play out over a given month. In some cases, fathers who receive an every-other-weekend schedule could go as many as 12 days without spending time

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Unusual fathers’ rights case makes national headlines

When it comes to child support enforcement, the players often fall along stereotypical lines. You have the beleaguered single mother, fighting the get the courts to force the deadbeat father to pay for the needs of his children. The story has become so ingrained in our collective belief about child support that any exception to this scenario garners media attention in Massachusetts and elsewhere. One recent case offers an unusual take on fathers’ rights, and has many debating the current state of child support law. A man recently faced a judge to defend against the charge of having unpaid child support. However, the man offered DNA test results that proved him not to be the father of the child in question. However, he still emerged from the courtroom owing child support to a woman who had deceived him for the past 13 years. At the time of the child’s birth, the man’s girlfriend claimed that he was the child’s father. Although he had doubts at the time, he signed the baby’s birth certificate. As a result, a judge is holding him to that promise, and has ordered that he pay toward the $23,000 in back support owed. However, he will be allowed to do so at a rate of $1 per month, interest free. At that rate, he will be able to fulfill his obligation in as little as 1,917 years. As this fathers’ rights case demonstrates, family court judges hear a wide range of cases, not all of which

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Deion Sanders custody decision seen as fathers’ rights win

Massachusetts sports fans may be aware of the custody battle waged between football star Deion Sanders and his estranged wife, Pilar. The former couple has been at odds with one another for months concerning the care and custody of their three children, as well as details of their divorce. A recent court decision in the matter is being heralded as a major victory for fathers’ rights. The pair went before a family court judge to argue for the right to parent their three children in the manner each saw fit. After hearing testimony and reviewing evidence in the case, the judge made a ruling that divides parenting duties between the parties. The ruling grants both parents shared/joint custody of the three children. All three are to rotate between the two households on a weekly basis, whereas the previous arrangement placed the two boys in Deion’s care and the daughter in the care of her mother. Deion will retain the right to make all educational decisions, and will also have control of decisions involving their athletic pursuits. More importantly, Deion will have the right to determine their place of residence, which can be significant in any future hearings on the matter. This case demonstrates that family court judges in Massachusetts and elsewhere have a great deal of leeway in making determinations involving child custody. As long as the best interests of the child or children at the center of a custody dispute are being served, a judge can order a wide

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Daughter returned in emotional fathers’ rights case

The majority of child custody cases in Massachusetts and elsewhere center on two parents struggling over the care and control of their shared children. Family courts see a wide range of custody issues, however, and one recent case demonstrates an unusual scenario. The outcome is being viewed as a significant win for fathers’ rights. The case involves a father whose child was adopted without his knowledge or consent. The man is a drill sergeant in the United States Army, and was transferred out-of-state just before his wife was scheduled to give birth to their first child. His wife, however, had different plans, and arranged to put the child up for adoption just days after her husband left the state. She told the adoption agency that her husband had abandoned the family and had no interest in their child. The adoption agency located an adoptive family and placed the child. When the father found out what had happened to his child in June 2011, he contacted the adoption agency and demanded that his child be returned to him. The agency chose to ignore his complaint, and proceeded to finalize the adoption. The father filed for child custody, and in a recent hearing a family court judge ruled that the child must be returned to her father by Jan. 16. While this case is unusual, it does serve as a reminder of the importance of taking immediate and aggressive legal action when one’s parental rights are threatened, in Massachusetts and elsewhere. This

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Custody rights affected by choice of venue

When a Massachusetts couple divorces, child custody issues often sit at the top of the list of priorities, and for good reason. Hammering out the details of who will hold legal and physical custody of shared children is an important consideration when a family is divided, and can lead to a great deal of strife concerning custody rights during divorce. However, in an ironic twist, some of the most devastating child custody fights can come from a divorce that was amicable and relatively easy. When a couple goes through a simple and cooperative divorce, it can seem as if child custody matters will not become an issue. The parties might agree between themselves that the child or children are best cared for by one parent, with the other remaining involved through frequent visits. This scenario may even play out amicably for years. However, if one party changes their mind and brings a child custody action against the other, the status quo can be drastically altered, and the children can suffer. One example might be when parents divorce and the noncustodial parent moves to another state. After a number of years, he or she might remarry and wish to have the child live with them. During a visit, that parent could begin a child custody action in his or her state of residence, and ask that the child not be permitted to leave the state until the case is resolved. While the other parent would still be able to visit with

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Supreme Court to hear case on international custody rights

Child custody actions are among the most contentious and emotionally charged types of cases heard by family courts, in Massachusetts and elsewhere. When those cases involve an international custody rights twist, the legalities become far more complicated, and many would argue that the stakes are higher for the parent who faces being left behind when a child relocates abroad. One such case is now before the U.S. Supreme Court, and the outcome will clarify the ability of courts in our country to hear appeals in cases in which the child is no longer on American soil. The case centers on an American father who is a member of the U.S. Army. He met and married a Scottish woman, and the two had a daughter together. Their marriage has a troubled history, and they are moving toward a divorce. They have also been struggling in court over the care and custody of their little girl. In Oct. 2011, a judge ruled that the child be returned to her mother’s care in Scotland. The father had asked that he retain custody of the child in the U.S., but the court ruled that he failed to prove that the child was a habitual resident of the United States. The father appealed that decision, but his appeal was dismissed on the grounds that the U.S. courts lack the ability to rule on an appeal that was entered after the child has left the country. As this case moves forward, the Supreme Court will consider

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Illegal immigrants face the risk of losing custody rights

Immigrants come to American for a wide range of reasons, many of which are not so different from those that brought our own ancestors to these shores. Employment opportunities, freedom from religious persecution and participation in an established economic system are all motivating factors that prompt a steady flow of immigrants, both legal and illegal, to settle in Massachusetts and other states. However, for those who have their families while in our country, their custody rights could be called into question. A recent child custody case illuminates the unique challenges facing parents who are also illegal aliens. A Mexican father has been involved in a lengthy court battle to regain his custody rights to his three young sons. Following his deportation in 2010, the boys were in the care of their mother, and American citizen. However, when she was deemed unfit to raise the children, they were removed from the home and placed in foster care. He has been fighting to get them back ever since. A judge recently ruled that the father is to be reunited with his boys. They will remain in the country for a short time, after which the court will make a final determination in regard to his parental rights. He is hoping to return to his family home with his sons, and raise them with the help of his extended family in Mexico. As this case demonstrates, foreign nationals who face challenges to their custody rights often fight an uphill battle. Unfamiliarity with the

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