Can a Father Get Shared Parental Responsibility Rights in a Divorce?
Years ago, it was a presumed fact that the children were better off with their mother having custody following a divorce. Many states, including Florida, do not follow this rule any longer, declaring that they do not prefer mothers over a father in custody disputes. In fact, the father routinely obtains shared parental responsibility rights in divorces in Sarasota, Bradenton, and Venice, Florida.
How Parental Responsibility Rights Are Determined
One of the first things a judge considers in determining parental responsibility rights (generally known as “custody”) is who as a practical matter is the actual primary caregiver. This is the parent who on a day-to-day basis meets most of the child’s needs as well as who is readily willing to accept the role and full responsibilities of being the parent. Parenting roles have changed greatly in today’s modern world. For example, more women work at full-time careers. Also, some fathers are stay-at-home dads. This makes the determination of parental responsibilities rights somewhat more difficult than in past years.
Another way parental responsibility rights are normally determined is by who provides the majority of care to the child. For example, which parent does the primary waking, feeding, meal prep, playing, bathing, putting to bed at night, and scheduling doctor appointments? A highly skilled and experienced family law attorney near you such as Matthew Z. Martell can help in determining what your specific parental responsibility rights will be in your divorce.
How a Father Obtains Shared Parental Responsibility
First, it is not common in Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida for either parent to be granted sole parental responsibility on a permanent basis. Normally, you have to show verified evidence and testimony of serious physical child abuse and/or extensive drug use for the Court to seriously consider sole parental responsibility. So just because your Wife asks for it in her divorce petition does not mean she has a particularly good chance of getting it.
Normally, these days a father obtains shared parental responsibility by just asking for it in his divorce petition or counterpetition, in his proposed Parenting Plan, and at his hearing on a motion to establish temporary timesharing and parental responsibility. When a father hires Sarasota, Bradenton, and Venice, Florida family law attorney Matthew Z. Martell, he works to determine and then establish in court the strength of the father-child bond. When the child is young, in most cases the father-child bond is normally not as strong than the mother-child bond. However, this is not an indication of how the father parents, but more of a reflection of classic parenting roles and also how most all young kids bond more strongly initially with their mother. Therefore, as a father trying to get temporary parental responsibly rights of his child, you must assume as many parenting responsibilities as possible. Parental responsibility is ultimately determined by how the court views your history of performing your role as a parent. So, you need to “step it up” during the divorce as much as possible.
This is when Sarasota, Bradenton, Lakewood Ranch, and Venice divorce attorney in Matthew Z. Martell comes in to do his job. We interview our father clients to discover what efforts they put into being a parent, help you to draft your Parenting Plan, and file motions to establish temporary parental responsibility, temporary regular timesharing, holiday timesharing, and summer break timesharing, and vacations. We then prepare you extensively for these hearings, so you know the right things to say when the time comes to establish your equal custody rights.
How a Divorce Attorney Can Help
Divorcing fathers need to contact Sarasota, Bradenton, and Venice divorce lawyer Matthew Z. Martell to have a competitive edge in getting their shared parental responsibility rights granted to them. Attorney Matthew Z Martell will advise you on what the judge is looking for. He will aid you in proving to the court your equal or greater worth as a parent. Attorney Martell will advise you on what elements the judge takes into consideration when determining custody.
Divorce attorneys help their clients win their legal custody battles. The Law Offices of Matthew Z. Martell, P.A. are experienced with custody negotiations between spouses. We treat each client in a way that ensures he or she feels confident when it comes time for a hearing or trial. The Law Offices of Matthew Z. Martell, P.A. also makes sure not to take on a caseload too large so we can give our clients the individualized attention they deserve.
When you are looking for a divorce attorney in Sarasota, Bradenton, Lakewood Ranch, or Venice, Florida, look no further than the Law Offices of Matthew Z. Martell. From the moment you retain us as your attorney, you are our number one priority. Divorce attorney Matthew Z. Martell is experienced, knowledgeable in his field, and works hard. If you want an attorney that will advocate for you with compassion, integrity, and accountability, then call us. The Law Offices of Matthew Z Martell, P.A. are here to help you get the custody results you are seeking. The future of you and your children depends on this one call. Call us today at (941) 556-7020 for initial phone consultation.