Father's Rights Attorney

What is a father's rights attorney?

A father's rights attorney is a family law lawyer who focuses their law practice on, or exclusively represents men in divorce, child custody disputes and other family law matters. The phrase, father's rights attorney, was coined and evolved over the past few decades as it became apparent that the custody arrangements and family law judgments in many circumstances were not in the best interests of the child. The push for change by father's rights attorneys and others worked, and today fathers are often awarded 50/50 parenting time. In fact, Missouri Courts will now assume joint legal and physical custody is in the best interests of the child or children involved, unless evidence suggests otherwise. Father's rights attorneys fight for fathers' opportunities to be physically involved with raising their children, as well having equal say in the decisions involved in raising their children.

History of Child Custody

Several hundred years ago when the U.S. was being colonized, divorce was exceptionally rare. Yet when divorces or child custody disputes did occur the father usually was awarded custody because women had few rights and children were often simply viewed as property by courts. The U.S. colonies followed the English common law which awarded custody of children primarily to men.

In the late 1800s and early 1900s during the industrial revolution, American men switched from primarily farming to more lucrative opportunities in factories located in urban areas. This time period formed the basis of the common situation where women raised children, cooked and managed the home, while men worked and "brought home the bacon," if you will. Consequently, most post-divorce custody arrangements during that time period reflected this arrangement with the mother typically caring for the children the majority of the time, and the father paying child support. The common custody arrangement in the 1970's and 1980's was visitation with the father every other weekend. It was a common and relatively unchallenged fact that mothers would get the majority of the custody and there was nothing fathers could do about it. During this time period father's rights attorneys were just beginning to appear.

In the 1980s, during which time divorce rates were soaring, another societal shift would again change child custody norms. Women increasingly joined the workforce and the rigid gender norms began to soften and evolve. At the same time the recognition of the importance of the physical and emotional presence of fathers in children's development was increasing. Albeit slowly, courts and state legislatures began to make changes to child custody decisions and related legislation allowing fathers more time with their children.

Missouri's new custody law

Missouri Senate Bill 35 "Modifies provisions relating to child custody and child support enforcement.," was signed into law on July 6th, 2023 by Govenor Mike Parsons. The new law creates a "rebuttable presumption" for child custody determinations that equal or nearly equal parenting time for both parents is in the best interests of the child. A rebuttable presumption means the court will assume equal parenting time is appropriate unless there is evidence suggesting this arrangement is not in the best interests of the child, such as in the case of a repeated pattern of domestic violence.

The new legislation does several other things. Courts are now encouraged to make temporary "ex parte" orders of custody as quickly as possible assuring each parent to have frequent, continuing and meaningful contact with their child. The new law also requires judges in child custody issues to record findings of fact as well as conclusions of law as to the child's wishes regarding their custodial arrangement.

Father's rights attorneys continue to push for their client's rights to equal parenting time with their children. At the Men's Center for Domestic Resolution, we are dedicated to helping men through what is likely one of the most difficult periods of their life. We focus on representing men in divorce, child custody and other family law matters. Please call us at (816) 287-1530.