It is a long-standing stereotype that family courts favor women over men. Whether the case involves a divorce, a separation, a motion for alimony, or child custody, people believe that a court would usually take a mother’s side.
In modern family law, however, all parties to a suit have the same rights and obligations. These include the rights to obtain custody over children, receive child support, and obtain control over property.
A Cobb County father’s rights lawyer could help you pursue any case in family court that affects your property rights and the ability to raise your children. In doing so, your seasoned family attorney could work with you to clear up any misconceptions concerning biases in the court system against men.
In many peoples’ minds, it may not be possible for a father to obtain a fair outcome in family court. Indeed, for many years, even courts assumed that a mother would be a better parent or would be unable to support themselves after a divorce.
In recognition of this past, the law applicable to Cobb County now expressly prohibits this assumption. According to Official Code of Georgia §19-9-3(a)(1), the court must place both parents on equal footing at the start of any child custody or support hearing.
The law expressly states that there is no presumption in favor of either father or mother, so all cases for custody or support must examine other pieces of evidence. For examples, a person’s fitness as a parent is taken into account to determine the proper outcome.
Just as a mother has no presumption of success in a child custody hearing, the same equal standing exists between parents when considering child support. In fact, the concepts of child custody and child support are inexorably linked.
If the court awards sole physical custody over a child to one parent, the other parent must pay some level of support. O.C.G.A. §19-6-15 provides a lengthy list of the criteria that a court would use to determine this amount.
Both fathers and mothers have an equal chance under the law to obtain custody of children and carry the same obligations to provide support for those kids. A Cobb County father’s rights attorney could help fight for fair child support when a father has custody over his children.
While the law requires for all fathers to provide support for their children, this only applies if the male in question is the biological father of that child. With the rare exception of legal adoptions, fathers are only responsible for their biological children. With this in mind, fathers reserve the right to fight for custody of their biological children.
Establishing paternity is a vital part of many child custody or support cases, as there is a general assumption under family law in Georgia that a child born to married parents is the product of that marriage. However, either spouse may petition the court to order a paternity test at any time under O.C.G.A. §19-7-43.
Similarly, a public service office of the State may require a father to submit to a paternity test if that child should be receiving any sort of support from their father. A father’s rights lawyer in Cobb County could help fathers to establish paternity or to challenge any existing support orders if a child’s paternity is in doubt.
The law no longer assumes that a mother will retain custody of children following a divorce, or that a father would have to provide alimony. If you are the custodial parent of a child, the child’s mother must provide support in the same manner as if the roles were reversed.
A Cobb County father’s rights lawyer could help to press for your custody rights and the right to receive child support. Contact an attorney today to learn more about your rights in family court.