Fighting For Fathers’ Custody Rights
Fathers have the same rights to custody of their child(ren) as mothers do. Unfortunately, fathers often encounter significant gender bias throughout divorce or custody proceedings and other issues involving their children. Here at The Law Offices of James A. Adams, P.C., L.L.O., our founder and lead child custody attorney, James Adams, is devoted to helping involved dads uphold their parenting rights and develop parenting plans in the best interests of their children.
As a trusted family law attorney with over 30 years of experience and a previous background in the Marine Corps, I aggressively advocate in my clients’ interests using a straightforward approach that aims to meet the unique needs of their child(ren) and provide them with the opportunity they need to thrive in their lives.
There are many important factors to consider concerning a custody agreement or parenting plan that can affect your family dynamics. This includes choosing whether joint custody or sole custody is the right option for your divorce case. Additionally, I can take my time discussing the aspects of physical custody and legal custody as they apply to your specific situation.
Joint Custody Vs. Sole Custody: What’s The Difference?
Joint custody has two aspects: joint legal custody and joint physical custody.
- Joint legal custody means that both parents share the legal decision-making for the child(ren). The parents must discuss and make a good faith effort to agree on a decision that is best for the child(ren). In contrast, if a parent has sole legal custody, then that parent has the unilateral right to make decisions for the child(ren) without input from the other parent.
- Joint physical custody means that both parents will have possession of the child(ren) close to 50% of the time. In contrast, if a parent has sole physical custody, then that parent will have the child(ren) in his or her care for at least 75% of the time.
Mothers are often awarded sole physical custody because they often spend more time with the child(ren), and the court often views mothers in more of a nurturing role than fathers. This is a stereotype and prejudice I can address for you as an Omaha child custody attorney.
Using an aggressive approach, I can fight for your custodial rights fairly and help you obtain your best possible results in the legal forum. Remember, my motto is DADS HAVE RIGHTS, TOO!
Questions Fathers Often Ask About Custody Rights
Fathers facing custody disputes have urgent questions about their rights and how to maintain strong relationships with their children. Here are answers to common concerns we hear from dads in Omaha and throughout Nebraska:
My wife left me and took our children with her to her parents’ house. How do I see my children?
If your wife did this without notifying you, you must document everything and consult with a family law attorney as soon as possible. This step is crucial in ensuring that your parental rights stay protected.
My wife and I have been discussing divorce. She says she must have sole custody of our children. How can I prevent this outcome?
Your wife’s personal preference does not strip you of your rights to stay involved in your children’s lives. To help safeguard your case, you can hire legal counsel that can build a personalized defense for your situation.
Does Nebraska favor mothers over fathers in child custody cases?
Under Nebraska law, both parents have equal rights for their children’s custody case. The main standard that the courts consider for this decision is the children’s safety and welfare.
If I travel frequently for work, could this hurt my chances of receiving custody?
No, it does not. In most cases of divorce, the courts will seek a fair arrangement that can help both parents maintain healthy relationships with their children. As long as you can display your commitment to being an active parent for them, your custody arrangement will most likely not be affected.
I just discovered that my wife is having an affair. Could that have any effect on custody and parenting time?
The court’s role will always be neutral and focused on your children’s best interests. While your wife’s act of adultery is disheartening, it is not a legal argument that can impact her parental rights and visitation rights.
My daughter is 15 years old and wants to live with me. Can we make that happen in our divorce case? What if my wife fights against this?
Since your daughter is mature enough to demonstrate her choice of custodial parent, she can express this concern with the court. In this process, a judge will hear her reasons in great detail and determine whether the arrangement is for her best interests or not.
Discuss Your Case With An Experienced Child Custody Attorney Today
For any guidance relating to your custody case, modification request or parenting time arrangement, you may call me at 800-561-9043 or schedule your appointment through my online contact form. My office is located in Omaha and is open Monday through Friday, from 8 a.m. to 5 p.m.
