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Attorney & Mediator
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Category: Family Law
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what are a fathers rights in family court

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my cousin has started a case in family court against his sons mother to obtain either shared custody and/or visitation rights for his son. Mother only brings him around when she feels like it and leaves him for days at a time then won''t bring him back for months. The actual father is currently unemployed but has constantly tried to be apart of his sons life and the mother is not making it easy. It doesn''t help that she was hiding her address for almost 2 years and her boyfriend is constantly interfering with their affairs because she has been staying with him. The father has a parental plan which includes getting a job, paying child support and maintaining a presence in the childs life. Will the court give him a problem when he gets to court because he is not currently employed?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Absolutely not.

When it comes to custody issues, the court does not consider a parent's unemployment status. The main focus in custody issues is to promote the child's best interest in having both parent's in their lives. The court favors a joint parenting arrangement as that arrangement benefits the ability of the child to have "equal" time with both parents. If one parent is unable to meet the daily demands of parenting the child, then the court typically awards primary custody to one parent over the other.

The court disfavors when a parent (such as the mother) is attempting to deny the relationship between the other parent and child, so if the father can show a pattern of behavior from the mother, the court will include provisions in the custody/visitation orders that will assist the father in enforcing his rights should the mother attempt to violate the orders.

Again, the court will not give him a problem because he is unemployed. Instead the court looks at the best interest of the child.

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