We all know that many courts have a predilection towards keeping the children with the mother during heterosexual divorce proceedings and related child custody hearings. Florida has taken steps to change the rules by leading the nation as a 50/50 state. The goal is to give parents an equal amount of time with the children.
Sometimes there is either a conscious or subconscious bias on the part of the judges and divorce lawyers that kids will not thrive appropriately without a mother front and center. Fathers, no matter their legitimate complaints, still aren’t always seen as essential and as capable as mothers in every courtroom.
Bias can still occur in Florida courtrooms.
Custody Specifics
Custody discussions will occur when children are involved in your divorce. If the discussions are contentious and can’t be solved in mediation, they may have to be decided on by a judge.
Florida’s judges are to base their decisions on the information they collect after a direct or indirect investigation into the lives of the parents and the needs of the children. These include, but are not limited to:
- a parent’s morals and physical/mental status
- the closeness of the relationship between the parent and the child
- the cooperation of the parent to co-parent positively and effectively with their former spouse
- the involvement each parent has in the child’s day-to-day life
- the ability of the parent to meet all the child’s needs
The court has the power to divide up the time each parent is given in any way they please. Mothers still have, so far, been given primary custody by an unbalanced margin, even in a 50/50 state.
Why Is This So?
Long gone are the days when women stayed home while men worked. Gender neutral custody decisions better reflect our world and your needs as a loving parent. Both parents work in the majority of American homes and childcare, and care of the home, are usually shared equally and unequally.
More men are foregoing work and staying home with the kids when their wives make more money. Men are placing more value on their identity as a parent, rather being completely defined by their ability as a breadwinner. Statistically, more fathers than mothers report that parenting is rewarding and enjoyable.
Unfortunately, today’s fathers are still judged by the same standards that their fathers were and are misrepresented in the courtroom. More than half of Americans still believe that women, in general, are better parents. Only 1% believed that a father could do a better job than a mother.
The problem is that not all mothers are created equal and sometimes they are not ideal candidates to take care of the children alone. It is your responsibility to speak up and fight for your rights as an equal caregiver.
Fight The Good Fight
An ideal separation would consist of constructive, mediated discussions outlining everyone’s new role in the evolving family dynamic. There would be no fighting, no arguing in front of the children, and no uncomfortable and formal courtrooms.
But in the real world, we have problems that need to be addressed. If you truly believe that you will be the best caregiver for your children, and that a potential 50/50 split is not in their best interest, you need to speak out for their safety and your sanity.
You have a responsibility to speak out if your former spouse is abusing drugs, neglecting the children, or having mental health issues. When the entire goal is to keep your children safe and happy, it’s better to address the problem so that your spouse can get the help that they need to parent better in the future.
Check Out The Law Offices Of Ronald M. Zakarin For Effective Representation
Ronald M. Zakarin fights for the rights of everyone, equally, because the safety and security of the children is his first priority. His goal is to use his tremendous experience in the courtroom to do what is right, not what is easy.
Male, or female, the Law Offices of Ronald M. Zakarin will compassionately represent you and your interests inside and outside the courtroom. Contact us to schedule your free consult. Check us out; our results speak for themselves.