Father’s Rights During A Divorce
Fathers are sometimes given second-class status in Charleston child custody cases. Every day courts make assumptions about the father’s ability to provide his kids with love and affection. Many people believe it’s the man’s job to work and provide for his family, not to fix dinner, work on homework or tuck the kids in at night and read them bedtime stories.
Sometimes it can be a real challenge to convince those involved in child custody cases that the dad is both a fit and proper caregiver for his own kids. Even though South Carolina family law should be gender-blind, a father must not take anything for granted and should hire a Charleston child custody lawyer that can argue aggressively for his parenting time and decision making responsibility.
It was just a few years ago that most states abandoned the Tender Years doctrine which stated that a child under the age of 13 should be primarily with the mother. To grant custody of a child to the father was “to hold nature in contempt and snatch helpless infants from the bosom of an affectionate mother, and place it in the coarse hands of the father.” The mother was “the softest and safest nurse of infancy.”
For fathers involved in Charleston child custody fights, it’s important to retain experienced, aggressive Charleston divorce lawyers and become familiar with the legal standards the judge applies in these cases.
The phrase “parenting time” refers to the time allotment each parent gets to spend with their children. A parenting time order consists of dates, times, locations, and sometimes stipulates conduct. The different types of plans is infinite but court ordered parenting time is usually broken down into 3 types: regular parenting time, holiday parenting time, and summer parenting time. Each period will have it’s own schedule. Parents and courts usually customize these schedules so as to fit the best interests of the children.
Decision making responsibility for children is also allocated between the parents in Charleston SC divorce cases. The phrase “decision making” refers to the major life decisions for children in a divorce, such as education, religion, health care, etc.. Decision making may be awarded to the parents jointly, solely to one parent, or allocated based on the subject matter.
Child support obligations are common in Charleston divorce cases involving children. Very rarely is there a Charleston family law case where there is no support order. In South Carolina family law cases, child support is calculated based on a strict formula. The formula is based on several factors including incomes of the parties, the number of overnights each parents gets with the children, and any work-related childcare expenses.
Sometimes, a father’s relationship with his children can be sabotaged by a mother who uses her time with the kids to brainwash them against their father with negativity. Sometimes intentionally interfering with the father’s parenting time by showing up late or registering the kids for activities that conflict with the father’s ability to be there can all impact a father’s time with his children. These kinds of behaviors have recently begun to get the attention of divorce courts and the other professionals involved in Charleston, SC family law cases. Experienced Charleston child custody lawyers may be able to successfully prove that the mother is trying to poison the children’s relationship with their father.
If you need to talk with someone about your rights as a Father in a divorce, please call a Charleston child custody lawyer today at: 843-722-5354 or by filling out this simple form.