In most states there is no presumed custody when the parents are not married, they have equal rights to custody until such time as a court order for custody is issued. Schedule a free consultation with a qualified child custody attorney in your state. At the same time, don't do anything to aggravate the case against you. For example, requests for changes need to be presented with at least a 24-hour notice, and they need to go through you first before they are suggested to the kids. For most parents going through a divorce, custody issues are the primary concern. Accessed April 28, 2020. It's also imperative that you feel comfortable with your lawyer and feel that they are fairly representing you. Try the following: To begin, find a lawyer that you trust. Resources for Parents Involved in Custody Disputes, Helpful Tips for Divorced Dads for Filing Taxes After a Divorce. If they were involved in their lives before the divorce, then it's reasonable to expect that the courts will support their involvement after the divorce as well—through shared custody or liberal visitation rights. But the new/incoming generation of judges are as likely to be children of divorce as to have come from a traditional nuclear family, and many of the current generation of judges also have children who have divorced. Child Custody: what does it mean in divorce, and what factors determine who gets child custody? Utah Family Law, LC | divorceutah.com | 801-466-9277, https://www.quora.com/How-many-states-favor-giving-the-child-to-its-mother-in-a-custody-hearing/answer/Eric-Johnson-311. It can be done, but it’s extraordinarily difficult these days, so be prepared to work very hard (yes, even unfairly hard) for it. I Didn't Put My Ex's Name on the Birth Certificate, but They Now Want to File for Custody. Most courts will not grant overnights until a child is at least 3 years old. Many of these judges are far more sympathetic to men and fathers than the previous generation of judges are and have been. I Will Have Primary Custody; However, My Ex Wants Regular Visitations. If you are a victim of domestic violence, contact a local shelter to inquire about legal assistance. Will the Courts See It This Way, Too? Division of Child and Family Services (DCFS), Divorce Education and Orientation Courses, QDRO (Qualified Domestic Relations Order), Stalking Injunction/Civil Stalking Injunction, Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Mouse over the map below, and you can see a list of factors that each state considers when determining child custody. What would happen if an individual gets a second job after child support has been determined? Contact local law schools to inquire about free legal clinics. She specializes in divorce, death, career changes, and caring for aging relatives. Can You File as Head of Household or Claim the Earned Income Credit? How many states favor giving the child to its mother in a custody hearing? Some states may also assume that in the case of unmarried parents, the mother automatically has custody, while others expect single mothers to file for custody, even if the father is not involved. What Should I Do? The bad news: Seventeen states … You’re asking a good question, but it’s not the question you think you’re asking. Can They Do This? Even if a birth father is not listed on the birth certificate, he can still file for child custody or visitation. The following are some of the most common questions and answers to events surrounding divorce and child custody. Generally speaking, no. © 2018 Utah Family Law, All rights reserved. What Single Parents Should Know About Child Support. Be mindful that your ex's lawyer may be looking for information to use against you, so be sure to conduct yourself responsibly and avoid ugly confrontations with them. Is This an Attempt to Avoid Paying Support, and Should I Worry? If it becomes clear that your judge is culturally biased and/or discriminates on the basis of sex, you need to expose this on the record, and you need to acquire and present so much evidence showing your parental fitness and that the best interest of the children benefit from joint custody that it leaves the judge no other rational, justifiable choice but to award you (and the kids) joint custody. When evaluating states based upon the “degree to which they promote shared parenting after divorce or separation,” 25 states received a grade of D or F. A total of 18 states, including Florida, received Cs and eight states, including Washington D.C., received Bs. How to Avoid and Resolve IRS Audits Over Claiming Dependents. Discuss the situation with your ex and establish some ground rules for changing the schedule. While it is true that in the past there were child custody laws that were blatantly and grossly discriminatory against men and fathers, those laws are disappearing fast (thank goodness). Can I kick my spouse out of the house without his/her consent? Can You Claim Head of Household Filing Status on Your Taxes? By employing language and stating tests and elements that favor to women and mothers over men and fathers without overt references to men or women, such laws still manage to discriminate in favor of mothers over fathers without appearing to be indulging in blatant sexual discrimination.