What is a Father's Rights Lawyer?

Rob Davis
Feb 3
6 min read

Traditionally, during the 1950’s through the 1980's when divorce became more common, and for a variety of reasons, courts favored mothers when it came to child custody and child support because during this time period most fathers worked and supported the family while the mother stayed at home and raised the children. Because society often changes faster than state legislatures and court opinions, more recently men who have desired to be a bigger part of their children’s lives, and do more than simply pay child support, have faced difficulty achieving equal access and parenting rights compared to mothers.

When society began to shift and more women worked and built careers, while more fathers stayed home and raised kids or at least played a more significant role in their children's lives, fathers still faced a somewhat antiquated system when it came to achieving their desire to be in the children’s lives as much as possible. Consequently a small subsection of lawyers around the country began devoting their law practices to ensuring fair treatment for men in divorce and child custody cases. These Father’s Rights Attorneys practice family law and represents clients, generally male, in important legal actions including paternity, child support determination, child custody and visitation rights.

Focus Areas for Father’s Rights Lawyers

· Divorce: In divorce cases, a qualified father’s rights attorney will fight tooth and nail for a balanced division of assets, child custody and fair child support. The focus is to make sure a father’s interests are protected in settlement negotiations and in court.

· Paternity: In order for a man to gain the legal right to parent a child and be recognized as the legal parent of a child, he must establish paternity with the court. “Paternity” is a legal status of a man as the father of a child. In most states, a man is presumed to be the father of a child if he is married to a woman who gives birth, but this presumption can be overcome with evidence in cases where the husband is not the father.

· Child Support: Today fathers should expect child support decisions to be based on each party’s income and the specifics of the child custody case, but not on a parent’s gender. Child support determination is important because men who are forced to work all the time struggle to have relationships with their children due to lack of time.

· Custody and Visitation: Study after study confirms children lead happier and more successful lives when they are raised with both a mother and father significantly involved in their lives. Unfortunately, some mothers deal with their emotions during a divorce by alienating the children from their father in attempt to get back at him or punish him for what she perceives as his contributions to the failed relationship. Father’s Rights attorneys fight hard for father’s who wish to play a significant role in the rearing of their children.

Why do men need a Father’s Rights Lawyer?

Fathers involved as parties in family court matters, such as divorce and child custody, face a plethora of potential challenges. An attorney experienced in family law issues for men can help you be prepared and ensure the best possible outcome.

How do men get custody and visitation rights?

As discussed above, traditionally dads faced significant adversity and frustration in getting courts to award what dads considered fair and equitable visitation and child custody rights. During the period from the1940's to 1980's, U.S. courts assumed mothers were usually the primary caregivers to the children, and therefore the desires of fathers were not always adequately taken into consideration. An experienced father’s rights attorney is essential to a father in building an effective case for joint custody or otherwise significant visitation for a father getting divorced or battling for child custody. For unmarried men, achieving custody of children can be even more complex than in a divorce. In Missouri, Courts are mandated by the state legislature to make child custody determinations based on what is in the best interests of the children involved.

Can Child Support Agreements be Modified?

A crucial component of helping a father achieve his dream of being a part of his children’s lived is to ensure the man has the financial means to do so. Things change, the costs of raising a child can change and each parent’s income can significantly change due to factors beyond their control. If a man loses his job or his income changes significantly, its important child support is adjusted downward to protect a man’s ability to support himself and his family. In Missouri, a party paying child support is allowed to request a modification every 3 years through the Missouri Family Support Division, but also can motion to court to modify child support if either parent’s income has changed at least 20% (including complete job loss), there has been a deviation from the court ordered custody agreement, the child’s needs (ie educational, medical) have changed, and on account of medical conditions affecting a parent’s ability to produce income.

Can Fathers ever get full custody of their children?

The answer is yes! Men can be awarded full custody of their children under certain circumstances. Missouri courts prefer joint custody arrangements because the state legislature believes children are best off when they maintain a significant relationship with both parents. That said, there are some situations in which a judge will grant full custody to a father. Some of these potential circumstances include:

· Substantial and credible evidence suggesting abuse or neglect of the child at the hand’s of the mother.

· Substance abuse and/or significant mental health issues that impair a mother’s ability to parent and provide a safe environment for their children.

· Parental alienation (behavior by a mother designed to harm the relationship between a father and the child). This is very harmful to the child and unfortunately very common. Many women use their children to punish their exes.

· Abandonment, lack of involvement in a child’s life and/or the failure or inability to create a stable and safe home atmosphere for the child.

Remember that Missouri Courts determine child custody based on what is in the best interests of the children involved. Parental fitness (a parent’s demonstrated ability to provide a safe, stable and nurturing environment for a child) is paramount when these Missouri Courts make child custody rulings. The following factors can all play a significant role in determining what custody arrangement is in the child’s best interests: the child’s physical and mental health, consistent parenting and presence by the parent, financial stability, absence of abuse, emotional support, meeting key developmental needs, maintaining a stable home, and cooperating with the other parent. Courts will frown upon and potentially rule adversely against a parent who actively prevents a child from a having a relationship with the other parent and custody decisions may even be made based on such behavior.

Choosing a Father’s Rights Lawyer

Entering into the family court system as a mother or father can be a scary thing. In most cases if the mother of your child has retained an attorney, then you need to retain an attorney as well to protect yourself. Remember even if you and your ex agree on everything, an attorney can only legally represent one party and that lawyer's legal duty is to that person only. Unless a man knows and trusts someone who can recommend a family law attorney, how can men faving divorce or a child custody dispute decide which lawyer is best to hire?

Experienced Family Law Attorney

An attorney’s experience is a crucial component in determining whether or not to retain that particular father's rights lawyer. A family law attorney with significant experience and a steady track record of representing similar clients in similar types of family law matters is ideal. Experienced attorneys will understand the particular challenges a man faces in family law and know how to effectively advocate on his behalf and/or on behalf of the children involved.