Certified Family Law Specialists Fighting for Fathers’ Rights
At Griffith, Young & Lass, we understand the special challenges and unique parental rights issues that fathers face in family law. Our fathers’ rights lawyers in Carlsbad are here to help you in the fight of your life: your relationship with your children.
Too many fathers have suffered the heartache of losing the close relationship they once enjoyed with their children at the hands of the largely biased family court system. There is a perception, largely due to real-life experiences, that family courts are biased against fathers and that mothers are perceived to be more suited to provide primary care to their children.
Our Approach To Father’s Rights Cases
Believe it or not, the law in California begins with the presumption that parents should share joint custody of their children. If you are a father who wants joint custody, the law is on your side. At GYL, we have had great success representing fathers in divorce because we have a plan for each case.
The keys to success within a biased system are recognition, education, preparation and presentation:
- Recognize the bias and identify the issues giving rise to the bias. Effective counter argument is impossible without an understanding as to what you are up against.
- Educate the father as to what the court and the court-appointed evaluators and mediators will be looking for.
- Prepare the father for success at mediation and in court. This includes role playing mediation interviews, role playing testimony in court, gathering documents and information relevant to parenting issues, etc.
- Presentation of the case in court is of upmost importance when faced with a biased system. At times, there is a natural inclination for family court judges to draw on personal experience to make assumptions that assist them in making their orders. This is where bias comes in.
- It is the job of your family law attorney to “fill the gaps” with evidence. The more relevant information that you give to the judge, the less room there is for biased gap filling. Given sufficient evidence, your family lawyer can argue the facts and tie them to the law, effectively funneling the court toward the desired result.
Every child custody case has a unique set of facts and circumstances. Every case has its own path to success. At GYL, our Carlsbad fathers’ rights lawyers can identify the potential issues in your case and help you build a plan that will give you the best chance for success. Call us now to talk to an experienced fathers’ rights attorney about your case.
We are passionate about helping families remain intact even when the parents are no longer together. If you’re concerned about losing your parental rights as a father, we can offer fathers’ rights help.
A Brief History Of Fathers’ Rights In The U.S.
Family dynamics, gender roles and family laws have evolved. As a result, a father’s fate in a custody settlement has been affected in a fair way.
In the 19th century, a father had reason to fear the outcome of a custody battle due to a doctrine known as the “Tender Years.” This doctrine awarded custody to the mother instantly. Typically, the outdated doctrine believed children under the age of seven required their mother’s care daily.
Under this system, divorced fathers had no say in how their children were raised and lacked the right to see them whenever they wished to. Visitation could be arranged if the mother allowed it.
In the early 20th century, custodial laws evolved. Fathers could be awarded custody if there was hard proof the mother was unfit. In the 1960s, cultural shifts changed the statute to fathers rights as women started entering into the workforce. This changed the overall cultural attitude on the father’s role in raising his children. The “Tender Years” doctrine has been replaced with a new doctrine practiced in the courts known as “Best Interests.”
This current doctrine is gender-neutral and holds the assumption of 50-50 custody sharing between parents. The updated doctrine seeks out the most peaceful environment for the children and places the parties on equal starting ground.
Fathers need to know their rights and remain confident under the pressure of child custody cases involve. We strongly encourage men in this situation to seek out proper legal representation as soon as possible. Our society has advanced and shifted the way we view gender roles. Fathers can absolutely provide a warm and loving home for their children.
Call 858-951-1526 today to consult a fathers’ rights lawyer near you.