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Check the divorce laws for both your State and and your County. (Search Google for "Michigan Washtenaw".) Many States are "no-fault". New York favors the husband. In California you can be "Cruised" if your husband files for divorce prior to your tenth anniversary. (To be "Cruised is to have spousal support preempted.) Many attorneys want to be "fair" and will cede your positions before you get to court. All judges are human and many are prejudiced. A judge from the ghetto will not think a wealthy woman should continue to be wealthy at the cost of her husband's company. Choose a lawyer by asking recently divorced acquaintances why their lawyer's strategy was special. It's not the knowledge of law; it's creating a strategy to deal with your spouse's blowhard attorney and a misogynist judge.

Best advice: Read your State's appeals court divorce judgments for the past three years.

More about certain locations:Escambia County Florida is a very pro-father system. Women stand very little chance at a fair hearing before these judges. It is so pro-men that it is difficult to find an attorney in the entire tri-county area willing to represent a female before the judges. If you live in Escambia County, Florida, are female, and need to take a dead beat father to court, think twice, because you may wind up losing custody altogether!
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10y ago
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11y ago

That's interpretive. Mothers file more than 80% of divorces. It is common that the father has already moved out or moved on. By the time a full custody hearing takes place, upwards of a year has passed and the judge is than unwilling to change the circumstances of the child.

Another PerspectiveBackground:

Up to and through the early twentieth century fathers were typically favored for child custody if the marriage ended. That custom gradually changed since the courts had to acknowledge that the mother was the primary care giver and she should keep raising the children in their tender years. That presumption gave way to the best interest of the child doctrine in the 1970s. It is a fact of family life that mothers usually provide the day to day, primary care of their children even if they work outside the home. It should be remembered that shared parenting is the best possible solution to a divorce. Fighting over custody often has other motivations at its root such as wanting to hurt the other parent, wanting to maintain control and wanting to avoid paying child support. The mother is often the target in custody battles and those battles set the stage for years of legal wrangling.

Courts know that generally speaking, mothers are the ones who provide the day to day care for their children, even if they also work outside the home. It is also true that many fathers take an active role in raising their children. If the father was the primary caregiver then he should be considered primary custody since caregiving should be the main qualification for awarding physical custody along with a healthy, stability and safe environment.

Many men take an active role in raising their children. If the father was the primary caregiver then he should be considered for primary physical custody since caregiving should be one of the the main qualifications for awarding physical custody along with health, safety and stability.

An experienced attorney is essential because the case will need to be carefully prepared and experience in a particular court is extremely valuable. The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider the father's role in day to day child rearing and child care prior to the divorce action. He needs to be able to show that he has taken an active role in providing day to day care for the child including such tasks as the following:

  • He fed, bathed and put the child to bed.
  • He got the child ready for the day, packed their lunch and got them to school or to the bus.
  • He attended all the school conferences, plays, etc.
  • He brought the child to the doctor and dentist visits and stayed home with them when they were sick.
  • He brought them to school events, sports, birthday parties, play dates, extra curricular activities.
  • He took the child shopping for clothes.
  • He helped with homework

If the father has legitimate concerns that the mother is incapable of caring for the children properly he needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the children's mother. Your lawyer will review your situation and explain your options.

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14y ago

Washington state. If you are a man in Washington you have only one right:

The right to pay.

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12y ago
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Q: What states favor the mother in a divorce?
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