Understanding Father’s Rights In Divorce

One of the biggest sources of anxiety for Rhode Island fathers facing a divorce is understanding their parental rights. They’re often under the assumption that the court system always works in favor of the mother.

While this might have been true twenty-five years ago, it’s not the case today. The role of the family court is to act in the best interest of the child. Often, that means working towards a divorce arrangement where the child spends time with both parents.

If you’re an involved, nurturing and responsible parent, you have a very real chance at obtaining your desired outcome. Here are three tips to help you navigate the divorce process, gain ample time with your children and enjoy life as an involved father.

1. Be clear about what you’re looking for.

If you’re looking for a certain child custody arrangement, make that known to your attorney. Fathers, especially those who assume that the court system works in favor of the mother, are often reluctant to fight for things. If you’re a responsible, involved parent, there’s a good chance you’ll get a successful outcome.

It’s important to remember that your child needs you. If you don’t make your expectations clear, you risk losing out on the important relationship between father and child. It’s going to require negotiation, but if you’re not clear on what you’re seeking during your divorce, you’re not going to get it.

2. Understand how custody is determined and awarded

In Rhode Island, child custody decisions are determined based on a standard of what’s in the best interest of the child.

Custody proceedings consider how loving and nurturing a father is, circumstances leading to divorce, the ability of both parents to provide a safe environment for the child and more.

To get a fair hearing in a custody dispute, start gathering information that proves you’re an involved parent, including:

• The time you spend with your child. Write down the time you spend with your child, whether it’s bringing them to and from school, reading a book before bedtime, or enjoying a weekend activity. The more involvement you can show, the better your results will be.
• Consider any witnesses willing to vouch for your role as a nurturing father. Third-party witnesses can help support your testimony and give credibility to your case.
• Remain a consistent presence in your child’s life throughout the divorce proceedings. You want the court to understand that you’re genuinely involved and committed to your child, so represent yourself accordingly.

3. Work with an experienced law firm.

As an equal partner in parenting, you deserve to see your child. When it comes to understanding and executing your rights, we can help. We’ve helped thousands of Rhode Island fathers obtain successful child custody outcomes. A small sample of our child custody results include:

1. Obtaining five years of alimony for a stay-at-home father
2. Gaining physical placement of a 3-month-old child with the father
3. Successfully representing a client whose wife kidnapped their children and took them to a country in Europe. The children were ordered returned to the father by an international court, and the father won sole custody in Rhode Island.
4. Obtaining sole custody and placement for the father of a young child, by proving he was the better parent.

Whether you’re looking for a mutually agreeable co-parenting arrangement or hoping to gain custody of your children, we can help.

Call Kirshenbaum Law Associates at 401-467-5300.