Many men assume that the mother has a legal upper hand and will reluctantly leave their kids with her during separation. If you have not set foot in court yet then know that fathers and mothers have equal custody rights at this time. You have the right to:

• Seek live-in custody
• Regular visitation if you do not get custody, including overnight
• Make important decisions about your child

These rights can be ensured in court with a legal separation. Whether choosing a legal separation or a divorce it is important to know your rights before moving forward.

Be prepared before stepping in court

Studies show that many custody battles are settled outside of the courtroom. This could in part be that men avoid court in fear of losing their children all together. Although it might feel like gender bias is against you, it is worth pursuing a relationship with your children.

In Georgia there is both legal and physical custody. Many times both types of custody are shared between parents. This means that you both can share in your child’s major life decisions including school, extracurricular activities, healthcare, and living situation.

Most of the time one parent will be designated with primary physical custody, also called the custodial parent. This means that you will both share in decisions about your child, but one is designated a primary decision-maker while the other is away. All of these choices will be determined by a judge in consideration of your child’s best interest. So how can you ensure that you will get adequate time with your kids? The best way is to show your participation in their lives right now.

Better your chances at custody by spending time with your kids

A judge will typically choose the primary care giver as the custodial parent. The primary caregiver is clearly involved in a child’s life, helping out in many areas such as:

• Helping with homework
• Making their meals
• Taking them to school
• Taking them to extracurricular activities

If you can show that you spent a lot of time and energy with your children then you will already have a good chance in court. If you are considering separation or divorce with your spouse then it is best to contact an attorney. An experienced attorney will help you understand your parental rights as a father and get the best outcome from your separation.

That close association with organized crime makes the application of the federal Racketeering Influenced and Corrupt Organizations Act to alleged wrongdoing in the realm of adoption both singular and highly notable. We pass along the details of a legal case that has recently emerged in Utah that does precisely that, noting that the story might reasonably be of interest to many of our Georgia and other readers.

The case has in fact been reported in media outlets across the country, with commentators centrally noting its fathers’ rights slant. The lawsuit filed by an unwed father alleges illegal acts committed in concert by a number of parties that the man states have deprived him of access to and custody of his now four-year-old son.

The named defendants are the boy’s mother, her attorneys, the adoption agency involved and the adoptive parents. Among other things, the lawsuit charges them with racketeering, kidnapping and human trafficking.

The complaint states that the mother — already married to another man — lied to the father about the child’s birth date, and that the boy had already been placed for adoption by the time he discovered the truth.

Several media stories, including one from the Salt Lake City Tribune, cite what is alleged to be pro-mother discriminatory policy in Utah’s adoption laws, stating that unwed fathers must clear multiple hurdles to establish their paternal rights.

In the case at hand, the unwed father did initiate a paternity claim, but he failed to register as the putative father during the pregnancy, as required by state law.

The man’s attorney states that the litigation is in part intended to draw attention to the rights of birth fathers in Utah and the state’s discriminatory adoption policies.

The lawsuit seeks $130 million in damages, with $100 million of that amount specifically targeted “as a deterrent to this kind of conduct.”

Source: ksl.com, “Unwed father alleges racketeering in adoption lawsuit,” Emiley Morgan and Carole Mikita,” Dec. 30, 2013

Whatever the ultimate reality might be for most fathers, that perception remains a constant for many of them in their challenges and disputes. That is true regardless of whether the issue is visitation and custody, child support, spousal maintenance or some other matter.

Divorce attorney and family law commentator Yvette Harrell points out that many men have for decades simply tried to figure things out on their own, essentially winging it in court. She says that such a strategy, especially when it is employed by unwed fathers, is “usually in vain” and that, understandably, “there is no substitute for competent legal counsel.”

Harrell notes a number of things that unmarried dads often do not understand or appreciate. She labels them “need to know” items that can be of central importance regarding children-related legal issues.

One of those things concerns paternity. Some men erroneously believe that their signature on a child’s birth certificate automatically establishes their full panoply of parental rights. In fact, and if a man is unwed, paternity must be adjudicated and a court order must issue.

Establishing paternity has a significant impact on other important aspects of parenthood, including visitation /custody rights and child support determinations.

Harrell also counsels that paying child support does not by itself foster any custody rights. Support and custody are two distinct considerations, with many extant examples of fathers paying support who have no legal rights to spend time with their children. Again, a court order must be issued to convey visitation and custody rights.

Family law, especially in the context of divorce, can involve myriad and complex considerations that have special significance for men. A proven family law attorney with comprehensive experience in the area can answer questions and provide diligent representation.

Source: ABC Action News, “Five important things that unwed fathers need to know,” Yvette Harrell, Oct. 8, 2013

The high-profile legal battle between Cherokee tribal member Dusten Brown and the adoptive parents of his young daughter was, in one sense, a case spotlighted for aspects relating to fathers’ rights. In a broader sense, it was a child custody dispute that involved a complex interplay between state and federal law, with special emphasis on legislation drafted with Native American children particularly in mind.

Brown had a relationship several years ago with a non-Cherokee woman, who gave birth to the child the media has widely referred to as “Baby Veronica.” The couple did not stay together, and the mother subsequently put the child up for adoption. Veronica was adopted by a couple from South Carolina.

Brown fought that outcome, relying upon the Indian Child Welfare Act, a law passed by Congress more than three decades ago to address and remedy what has long been perceived to be an unacceptably high adoption rate of Indian children by non-Indian couples.

Brown won custody under the ICWA, but that wasn’t the end of the matter. In a sharp reversal to that outcome, a recent ruling by the United States Supreme Court ordered that Veronica be returned to the adoptive couple. Court justices stated that the law was not relevant to Brown’s position, because he did not have custody over Veronica when he sought a remedy pursuant to that legislation.

Brown formally reacted to the Court’s June ruling through statements offered at a press conference last week in Oklahoma. He noted that his love for his daughter precluded further attempts to resolve issues through the courts that “keep her in front of media at all times.” He said that he would drop all further claims, hoping in return that the adoptive couple would drop a pending complaint against him for custodial interference.

“You’ll always be my little girl,” Brown told his daughter, “and I will always love you until the day I die.”

Source: CBS News, “Baby Veronica’ dad Dusten Brown, Cherokee Nation drop fight for custody rights,” Oct. 10, 2013

And there is obviously a lot to deal with in most marital dissolutions, which is why “it can be especially challenging for men who don’t typically express their feelings,” says one financial planner who counsels divorce clients.

Keeping things close to the vest during divorce negotiations and thereafter is neither advisable nor effective, says certified planner David Blaylock, who counsels having “a support system in place, just like any other major life change.”

Blaylock and Bari Zell Weinberger, a matrimonial attorney, were asked by a media publication recently to weigh in on a few things that men need to do — as well as abstain from — during divorce. The focus was especially on the financial aspects of divorce.

Pay attention to divorce costs was one recommendation. Divorce in many instances can be consummated relatively cheaply. If it looks like a civil war is forthcoming, some couples might want to consider an alternative process to a litigated divorce, such as divorce mediation.

Another consideration for many men: thinking about alimony. A male divorcing spouse should pay it without grumbling when there is a reasonable need for an ex-spouse to receive it. However, he should not forgo asking for it if he was a stay-at-home parent maintaining the house and caring for the kids while the wife was furthering her career and now makes more money.

One additional thing that Blaylock recommends to many divorcing men is cultivation of a mindset that acknowledges divorce as a big deal. It is serious and life-changing. As Blaylock says, “It’s O.K. to be hurt. It’s O.K. to grieve.”

Conversely, it is generally not smart to act quickly or impulsively post-divorce by making material changes in one’s life without taking the time necessary to adjust to a new life.

“Hold status quo in your life,” Blaylock says, while coming to terms with being single again.

Source: The Week Magazine, “8 financial tips for men getting a divorce,” Hayley Krischer, Sept. 30, 2013

Of course, mom has rights. Increasingly, too, the rights of grandparents are coming into play, with some variations existing among the states concerning grandparent prerogatives in the family law arena, especially concerning custody and visitation matters.

And then there is of course the father, with the commonality of shared custody in recent years providing dads with a great deal more say and autonomy in many matters than was the case in bygone years.

One area in which some men — admittedly, not many, but with numbers slowly growing — are flexing their fathers’ rights muscles is in surrogacy. That is a process through which they can become single fathers through the paid participation of an egg donor and surrogate mother who will carry an implanted embryo to full term.

Commercial surrogacy, says a psychologist who does surrogacy-related counseling, has appeal for some men in cases where “they haven’t found a partner that they want to start a family with, they’re getting older and just don’t want to wait.”

Most people would likely know intuitively that commercial surrogacy isn’t something that should be entertained without a good deal of soul searching, advance research and understanding of what laws might apply.

Surrogacy laws, unsurprisingly, vary among states.

Although no law bars surrogacy in Georgia, any party contemplating such an avenue for pregnancy and parenthood might want to first speak candidly and confidentially with an experienced family law attorney and other relevant professionals.

Source: The Journal Times, “Via surrogacy, some men opt to become single dads,” Sept. 1, 2013

When a baby is born, there is almost never a debate about who that child’s mother is. However, it can be more difficult to determine who that child’s biological father is. When a couple is married, the woman’s husband is presumed to be the baby’s father, but in some cases DNA testing is necessary to determine paternity. Establishing paternity is important because it gives fathers rights to see and know their children. Before paternity is established, the mother may have control over child custody issues.

When parents are no longer a couple, or when married parents decide to divorce, there is often a battle over who should be the children’s primary caregiver. In these situations, fathers may feel like they have fewer rights or that the law favors giving custody to woman. While this used to be true, laws in Georgia and around the country have changed in recent years.

Most experts agree that fathers play an important role in the lives of their children. Therefore, laws have shifted from being woman-focused to focusing on the best interest of the child. Under these current laws, fathers are given equal rights to the children and courts understand that it is important for both parents to have a relationship with a child.

Experts stress, however, that it is up to men to understand and enforce these rights. They say that often times, men feel like since the system is set up against them that they shouldn’t even try to enforce their rights. According to these experts, that can be a mistake that can end up costing men time with their children.

Georgia men should understand that it is important for them to fight for their rights when it comes to their children. The family law courts are available to help these people with child custody, child support and other family law issues.

Source: The Huffington Post, “Divorce For Men: Do Current Laws Favor Women?,” Aug. 9, 2013

Numerous reports, studies and comments from men themselves strongly indicate that such a jaundiced male view has long existed, with many men facing divorce-related matters in court viewing it as a near certainty that their side on a position will not be well communicated or advanced. Whether a dispute is centered on child custody and visitation, support, property division, spousal maintenance or another matter, a clear majority of men have historically assumed that they will get the short end of the stick.

Many family law commentators agree that such a view once had strong credence, especially concerning custody matters, but that a number of factors have weighed in over recent years to adjust courtroom realities when it comes to fathers’ rights.

One such factor is simply that many more men have been standing before the judicial system and boldly asserting their rights as fathers and providers, being resolute in their insistence that they merit a strong and consistent presence in the lives of their children.

“Men want to be parents,” says one divorce attorney. “They want to be actively involved.”

She adds: “They just want to know exactly what to do to avail themselves of their rights.”

Pursuant to that goal, increasingly more men are turning to experienced fathers’ rights attorneys who will diligently promote their legal interests in court and fully protect their parenting rights.

Source: Huffington Post, “Divorce for men: Do current laws favor women?” Aug. 9, 2013

Over the last 100 years, divorce patterns have drastically changed in America. With the national divorce rate at 50 percent, many Atlanta residents have gone through the often somber process of divorce. Perhaps one of the most daunting statistics to emerge is that 15 percent of all US women are divorced, compared to the early 1920s, where less than one percent of the female population were divorced. With the divorce rate on the rise, women are also the majority who file for divorce. In fact, women file more than two-thirds of all divorces. In today’s society, many men have felt that they got the short end of the divorce stick, especially when it comes to child custody.

Traditionally, women were usually granted full custody of the children, receiving child support and spousal maintenance. But in today’s times, more and more woman are entering the workforce, earning a living without the aid of a man. But still, many men will argue that the courts are not reflecting this in court, continuing to award custody and parental rights to the mother.

Children are often the most important aspects to both a father and mother’s life. Most parents will do whatever it takes to earn custody of their children. In the state of Georgia, most judges will typically rule on what is in the best interest of a child. Severing ties with one parent by awarding full custody to the other can sometimes be detrimental to the child. Generally, some form of joint custody is typically awarded in court.

There are still many Atlanta dads who feel that their paternal rights have been violated in family law court. For those individuals in need of legal assistance, an attorney may provide additional resources and help.

Source: Huffington Post, “Divorced Women In America On The Rise, According To New Research,” July 22, 2013

One of its recurrent research themes stresses, broadly, important aspects relating to the American family and trends concerning it. Those include things like family composition, education and income levels of care givers, job mobility, attitudes toward religion, marriage and divorce, and other key considerations.

The focus of recent Pew research focuses on single-parent families in the United States, with new analysis pointing to some interesting trends and fundamental demographic changes in recent years.

Those focus most centrally on what might broadly be termed fathers’ rights, especially in areas such as child custody and visitation, the number of family homes led by single fathers, the progressively increased role of fathers as caregivers within the home, and related matters.

Researchers note, for example, the fundamental shift in the sheer number of single dads heading households across the country, including in Georgia. In 1960, that number stood at a paltry 300,000. Today it is estimated at around 2.6 million, a ninefold increase.

Moreover, that paradigm shift is accompanied by a higher level of appreciation in society generally toward the important role that dads play in the lives of their children. As stated in a recent media article on the subject, “dads are getting more credit for the influence they have as parents.”

In recent decades, single fathers have tripled their amount of interaction with their children.

The Pew research analyzed data culled from the U.S. Census Bureau.

Source: NBC News, “More single dads than ever head US housseholds,” Megan Gannon, Jully 3, 2013