MEN'S RIGHTS/ FATHER'S RIGHTS IN DIVORCE AND MEN'S RIGHTS TO CUSTODY OF THEIR CHILDREN

 Posted on February 07, 2025 in Child Custody

Father’s Rights during Divorce and Custody cases in Maryland

When you think of the custody of children, many people assume (wrongfully) that a mother has a superior right to custody because she is the mother and/or she birthed the child.  Nothing could be less true!  While in the past, custody and visitation rights heavily favored towards mothers, legal perspectives have finally evolved, recognizing that fathers play an essential and irreplaceable role in the upbringing of their children. The Court looks at the child’s best interests, considering factors such as emotional ties, stability, and the capacity of each parent to provide for the child’s needs.

Our courts recognize that both parents have valuable contributions to make in a child’s life. This approach is laid out in various statutes and case law precedents that guide custody and visitation decisions.

What are fathers’ rights to custody and visitation?

Fathers in Maryland are entitled to equal consideration when it comes to custody and visitation. The courts do not favor mothers over fathers by default. In fact, the United States Constitution itself gives parents the Constitutional right to parent their own children.  Fathers seeking custody must demonstrate their involvement in their child’s life, their ability to provide a stable environment, and their commitment to the child’s well-being. But, just because you’re a father does NOT mean you aren’t entitled to equal parenting time with your child.

For unmarried fathers, establishing paternity is very important for gaining custody and visitation rights. In Maryland, paternity can be established voluntarily, through an affidavit signed by both parents, or through a court order, often involving genetic testing. If you request paternity testing through the Office of Child Support, you will be given a DNA swab directly in their office.  Once paternity is established, fathers can pursue custody and visitation rights.

Even if a father does not obtain primary physical custody, he has the right to reasonable visitation, unless there are extenuating circumstances such as abuse or neglect, or he is a habitual drunk or drug user. Visitation schedules can be negotiated between parents or determined by the court, with the goal of allowing the father to maintain a meaningful relationship with their child.

Custody challenges for gay fathers in Maryland

If two fathers adopt children (or stepchildren), then both are legally recognized as the parents. The same is true if the non-biological parent went through the second parent adoption process.  But challenges may arise if you and your co-parent chose surrogacy, so only one of you is biologically related.

What are fathers’ rights regarding child support?

Maryland uses specific guidelines to calculate child support, considering both parents’ incomes, the number of children, and the amount of time each parent spends with the children. Fathers have the right to a fair calculation of child support, ensuring that they are not overburdened and that the support number reflects the actual needs of the child.

One can request a change or modification of child support if there are significant changes in circumstances, such as job loss, a substantial change in income, or changes in the child’s needs. The courts will review the request and adjust the support amount if warranted.

Can fathers seek alimony?

Yes. And if you are a stay-at-home dad, or work part-time, you should seek spousal support. Temporary alimony will supply support during the divorce process; rehabilitative alimony can provide some financial security while you get back up on your feet to reenter the workforce. If you are unable to financially support yourself due to medical or other reasons, you could be entitled to indefinite alimony. Maryland does not have a statute that lays out a specific rule for alimony. So, loosely defined, alimony is one spouse’s need versus the other spouse’s ability to pay. In my experience, one spouse needs to outearn the other by about three-fold to be considered for alimony in Maryland.

What are fathers’ rights to decision-making for the child?

In most cases, Maryland courts favor joint legal custody, allowing both parents to share decision-making responsibilities. Fathers have the right to be involved in important decisions about their child’s education, healthcare, and religious upbringing, ensuring that they can contribute to the child’s overall development.

Challenges in fathers’ rights cases

Fathers also face some of the same types of challenges that mothers do:

• Alienation: where one parent tries to undermine the child’s relationship with the other parent, can be a significant challenge. Fathers who believe they are victims of parental alienation should document instances of alienation and seek legal remedies to address the issue.
• Relocation: which can complicate custody and visitation arrangements. Fathers have the right to contest relocations that would negatively impact their relationship with their child. Maryland courts will consider the best interests of the child, including the potential impact of the move on the child’s relationship with the non-relocating parent.
• Alleging Abuse: which can severely affect a father’s custody and visitation rights. Fathers facing such allegations should seek legal counsel immediately to defend against false accusations and ensure a fair process. If there is a history of violence, the courts will prioritize the child’s safety in their decisions.

Ensuring fair treatment for fathers in Maryland

While Maryland law is designed to be gender-neutral, implicit biases can still influence a court’s decisions. Fathers can overcome these biases by demonstrating their active involvement in their child’s life, providing evidence of their caregiving roles, and showing their commitment to the child’s well-being. I suggest the following:

Documentation: Keep detailed records of involvement in the child’s life, including school activities, healthcare appointments, and daily routines. Knowing your children’s teachers’ names and their friends’ names can actually go a long way in proving engagement.

• Stable environment: Demonstrate your ability to provide a stable and supportive home environment. You can do this with home videos or photos, as well as character witness statements.
• Positive relationship: Foster a positive relationship with the child and, where possible, with the co-parent to show cooperation and commitment to the child’s best interests. To this end, keep any texts, emails, and voicemails that can help establish a baseline.

I also recommend mediation in most cases to drum down tension and save both time and money as well as stress and anxiety.

If I can assist you, as a father, with your rights during a divorce or in your desire to share equal parenting time with your child, please do not hesitate to call me.

Sharon

3015602685