Cohen Family Law Firm


Do Courts Treat Men And Women Differently In Custody Matters?


There is a common misconception, particularly among men, that the courts favor the mothers automatically in custody matters, but I haven’t found that to be true. Every case is very fact-specific, and there are just as many situations where a father is awarded custody instead of the mother. It really depends on the individual situation, but I don’t think it can be said that the courts will automatically favor the mother. That may have been true at one time, but it is not true anymore.

What Are The Top Misconceptions Regarding Father’s Rights In A Divorce Situation?

There is an equal misconception, sometimes amongst women, that they will automatically be favored over the father, regardless of what the facts of the individual situation are, so I think that it definitely goes both ways.

What Role Does Legal Paternity Play In Establishing A Father’s Rights?

Legal paternity can be established in a couple of different ways. The most common way is that the father is identified on the birth certificate as the father. If there is an issue where the father is not identified on the birth certificate, or there is incorrect information about the father on the birth certificate and someone suspects that they may be the father, they can, through the courts, file a petition to attempt to legally establish the paternity. The way that would be done is by initially filing a motion for genetic testing, which does need to be done through the courts, if you want to establish paternity. That will generate a court date when a DNA test can be taken on the petitioner, as well as the alleged child. Depending upon the results of that DNA test, it will determine whether the individual is the child’s father. If they are the father, according to the DNA test, then the court will issue an order saying that they have been adjudicated to be the father.

There is one other way that legal paternity can be established. If the father is not listed on the birth certificate but does sign an acknowledgment of paternity, then they can be deemed for legal purposes to be the father of the child.

Does Someone Have Any Parental Rights If They Acted As The Father And Is Not The Biological Father?

Whether someone has any parental rights if they are not the biological father, but has acted as the father, is a tricky situation. This situation is not that uncommon, when someone has been raising a child as their own, even though they are not the biological father. Sometimes, the biological father will pop up and decide to become part of the child’s life, or impose themselves upon the family in some other way. There is the ability for that person to file a custody complaint because of that role that they have played. Standing in the shoes of the parents will usually grant them standing to have some custodial rights of their own.

For more information on Men & Women In Custody Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 238-3841 today.

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