A man was driving home from work one evening when he suddenly realized
Christmas was tomorrow and he had not yet purchased his daughter a gift.
So, the man rushed off to the nearest toy store and asked the sales clerk,
"How much is that Barbie in the window?"
The sales clerk replied in a condescending tone, "Which Barbie? We have
Barbie Goes to the Gym for $19.95
Barbie Goes to the Ball for $19.95
Barbie Goes Shopping for $19.95
Barbie Goes to the Beach for $19.95
Barbie Goes Nightclubbing for $19.95 and Divorced Barbie for $265.00."
The overwhelmed man asked, "Why is the Divorced Barbie $265.00 and all the
others are only $19.95?"
"That's obvious!" said the sales clerk. "Divorce Barbie comes with Ken's
house, Ken's car, Ken's boat, and Ken's furniture."
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Introduction
So you have a child with a soon-to-be ex-girlfriend or ex-wife, and you are wondering what is going to happen to your children. The first thing you need to be aware of is this: The laws and family court system are not set up fairly towards fathers. The laws are set up to award custody to the parent who has had the most involvement so far raising the child, which means the parent who has worked the least - this is virtually always the mother. This usually guarantees that the mother will receive custody of the child, and since child support is mandatory, that you will be paying several hundred dollars in child support to her each month. Now does this make sense? It only makes sense in the past, when you were still together in a typical relationship, the mother worked less because she stayed at home more with the children, therefore it made sense at that time that she was with the children the majority of the time. But after you have both split up, and she no longer has the option of working less hours, and in fact must get a job that will most likely pay less than yours, why should she still be seen as more fit to take care of the children? If she is working full-time (or should be, since she is now single), and making less money than you, how does that qualify her as a better parent than you? If she is working full-time, she won't be able to spend any more time with the child than you if you are working full-time.
If you believe that you are the better parent, you need to read this guide and find out everything you need to know in order to have the best chance at obtaining full custody. If you choose not to get full custody of your child, not only are you in for a lifetime of emotional headaches but a lot of child support which you will find does not all get spent on your child. It is almost impossible to get an accounting required of the money - only in extreme circumstances like blatant drug abuse by the mother will the court require a custodial parent to track what they spend their child support income on. The amount of child support you will end up paying as your child grows up is enough to buy a nice house. Lets say you split u p with your ex, and you have two children together, ages 1 and 4. The court orders you to pay $500/mth per child, based on your $45,000/year income, until the children turn 21 (some states end child support when the child turns 18, and others require it through age 21 and beyond). By the time your children are grown, you will have paid $444,000 in child support. The main cost of raising a child is childcare; outside of childcare (which ends around age 12), do you really believe that $1,000 is being spent on your two children each month? If you think you are subsidizing your ex, you are right. The main reason why the system is set up this way? The government would rather have you subsidize her than pay for her going on welfare. And the feminists have convinced the lawmakers and judges in society that women shouldn't have to work to support their children if they don't feel like it.
Rules of Winning Child Custody
If you are in the process of splitting up with your ex and custody has not yet been determined
This is the best place to be at, since once custody has been awarded to a mother, it is much more difficult to reverse the status quo legally. It is important to get an aggressive attorney immediately, because the legal process favors mothers from the beginning. Some fathers rights advocates recommend handling the legal battle on your own, learning the system and acting as your own lawyer. However, this may not be the best approach. An experienced attorney has learned all of the intricate rules and knows the system. They have gone to 3 years of law school in order to learn the ropes. Do you really think that you can learn more in a few months than they have learned in a several years of training and experience? When you consider how much money you have to lose in child support over the years until your child turns 18 or 21, and the amount of emotional stress you will go through all of those years if your ex wins custody, and the fact that the court system is stacked against fathers, do you really think it's wise to handle your case without the assistance of an attorney? It is in the judges' best interest to adhere to the status quo provided for in the law, which is to award custody to the mother. Mistakes will be held against you and used to block you from proceeding with your case. Spelling and grammatical errors are looked down upon by the courts - you don't look like a smart father who should be raising your children if you can't take the time to make sure the pleadings you submit to the court are free of spelling and grammar mistakes. Unless your ex is a drug abuser and really doesn't care about getting custody of your children, you have no chance at getting custody if you file a handwritten motion yourself. If your ex has an attorney, you will be up against their watchful eye as well as the judge. If you can, keep the children with you when you split up. If you can, convince your ex to let you keep the children at first. The judge will be much more likely to allow you to keep the children if you are the one who takes responsibility of them after you break up. Once you have split up with your ex, you will need to file some kind of a motion to establish a custody arrangement. If you are getting a divorce, this will be included in your divorce papers. If you can, file first, because it will give you a slight advantage. You can probably find the papers on your state court's website, or, as recommended below, hire an aggressive attorney to file for you.
Perseverance - Money and Emotional Stress Will Wear Your Ex Down
Although the child custody laws favor women, and although your ex may have free legal help from one of those government funded organizations that provide free legal help to low-income women who claim they are victims of domestic violence, you can still overcome this unfair disadvantage through sheer perseverance. Attorneys themselves tend to burn out in this area of the law, because of the emotional stress, particularly attorneys who are working pro bono or for very little money working for Legal Aid. Whether you are representing yourself or have hired an attorney, keep in mind the more work you create for your ex, the more you will wear down her resolve to fight you and keep full custody of the kids. If your exs main reason for retaining full custody of your children is to collect free child support from you, it will vanish fast once all of the child support is going to pay her attorney to fight you in court. And the emotional stress of receiving pleadings from you and having to see you frequently in court hostilely fighting her will reduce the incentive to continue receiving free child support. The key is not to annoy the judge, if the judge suspects you are filing frivolous pleadings just to harass your ex, he may rule against you and you could end up being ordered to pay for your ex's attorney fees. If your ex does not have an attorney, consider yourself fortunate - this gives you a huge advantage. The less she knows about the legal system, the better chance you have that she will do something in the eyes of the court that will hurt her chances of getting custody. If she asks for your opinion on whether she needs an attorney, try to convince her that she does not need one and emphasize the cost to her. When you talk to your ex, such as when you are arranging to exchange the children for your visitation, be sure to bring up issues with her raising your children that bother you. The more you point out ways she needs to change her behavior in order to be a better parent and maintain custody, the more you will bother her. You know your ex - will she eventually give in if you continue to bring up issues that bother her and continue to take her to court?
Build Up a Case Against Your Ex
If your ex already has custody of your children, spend 6 months or so collecting evidence of why your ex is not fit to be the primary custodian of your child. Each state generally has a best interests of the child statute which contains the factors the court considers when it determines custody. Look up your state's best interest of the child statutes. Collect evidence based around those factors. Although these factors unfortunately tend to benefit women, if you plan carefully, you can use them to your advantage. Here are the most typical factors:
A. The wishes of the child. In most states, the childs wishes are not taken into consideration until the child is age 12.
What you can do: You probably cannot use this factor to your advantage unless your child is at least 12, but check your individual state law to verify that it is age 12. Meanwhile, it can't hurt to coach any psychologist that interviews your children to ask them if they would rather live with you, if you are fairly certain that they would prefer to live with you.
B. The interaction of the child with each parent, any siblings, or another person who may significantly affect the child. This usually ends up benefiting the mother, because frequently the mother has other children from prior relationships, and the courts do not like to split up siblings, even half-siblings. And this takes into account grandparents, aunts, and new spouses as well, so if your ex is now re-married, but you arent, or her mother is helping her take care of the kids, this will favor her as well.
What you can do: Get remarried first, then file for custody. If you have relatives nearby, pay them to baby sit so they become a big part of your childs life.
C. The childs adjustment to home, school and community. This tends to favor the mother, since in most situations, the father is forced to leave the house and find a new home, whereas the mother usually ends up with the house and keeps the kids.
What you can do: If you have not yet split up physically, try to remain in the house with the children and have your ex move out. If you have left the home, start building a case as to why the child is not doing well living at the house, attending the nearby school, etc. Do research on the school or daycare the child is attending to obtain evidence of why that particular facility is bad for your child. Information on schools can be found on the state department of education websites, and information on daycares is generally also available from the state, usually from the department responsible for welfare.
D. The mental and physical health of all individuals involved. This usually favors the mother, since in a large number of cases, when a couple splits up, the mother kicks the father out of the house, and so the father tries to get back into the house. The fathers actions in trying to get back into the house, or attempts to take the children, are used as evidence that he is mentally less stable than the mother.
What you can do: Do not do anything that could be perceived later as mentally overreacting or physically aggressive. If your ex attempts any physical aggression towards you, call the police to create a record. Collect any records you have on the mental instability of your ex or her family, including medical records, and any police reports or convictions of their physical violence. Have a tape recorder handy to tape her if she has angry outbursts.
E. Which parent is more likely to allow the child frequent visitation with the other parent.
What you can do: Keep a journal of your visitation times with the children, even if visitation hasnt been established yet, including every time your ex withholds visitation, is late, or refuses to allow you to have additional visitation for a special occasion, e.g. your relatives are in town. That journal is admissible in court. Also document statements by her where she states that you will not be receiving visitation. If you are permitted in your state to record phone conversations, make sure you record her stating that.
F. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
What you can do: Do not put anything in writing to your ex that might be interpreted in court as threatening. As you can see, this criterion favors mothers.
You Need an Aggressive Attorney
Since this area of law requires aggressive action, it follows that any attorney you hire must be aggressive as well. Too many fathers have wasted thousands on dollars on passive attorneys who simply persuaded them to agree to disagreeable settlements, telling them that was the best they could get. But was it? If you are a moral father with a higher salary than your ex who deeply cares for your children, whereas your ex is barely working and flits from guy to guy, shouldnt you be able to win custody of your children as the better parent? There are many different types of attorneys. Hire one who is aggressive in this area of the law and primarily practices family law. If you cannot afford an experienced attorney, at least find an aggressive attorney.
You Need to Proactively Research Your Case, Even if You Have Hired an Attorney
It will be such an uphill battle to win custody, that you will need every advantage you can get. If your attorney has only practiced in this area of law for a couple of years, they may not know every tactic you can try. Two minds are better than one. Use the internet to research child custody, sites like http://freeadvice.com have a wealth of useful information. If you are doing your case on your own, join fathers rights groups for assistance, and purchase the relevant statute and rule book for your state (the state where your children are located and where the court case is at). Some states, such as Arizona, have father's rights groups specifically dedicated to helping fathers obtain custody of their children. (arizonafathersrights.com). Check out your courts web site as well, it probably has free legal forms you can use instead of drafting them from scratch.
You Need to Build up a Substantial Case Against your Ex
Most courts are only going to award custody to a father if the mother is unfit, or if there is a substantial change in circumstances that justifies the change. For example, if the mother decides to move out of state, but does not give the court a justifiable reason, the court may very likely give custody of the children to the father. Moving out of the state in order to "find a job" or join a religious cult do not constitute valid reasons. Valid reasons in the eyes of the court include having a job already lined up in another state, or moving because the mother's new husband has gotten a job in another state. If there is no substantial change in circumstances, you will need to provide the court with a composite of reasons why your ex is unfit. For example, a strong case might provide evidence that your ex abuses alcohol, drugs, sleeps around and goes from boyfriend to boyfriend who use drugs in front of the children, cannot maintain a stable residence, leaves the children excessively in daycare, which is a substandard daycare, smokes in the house and in the car although the children are asthmatic, cannot maintain a steady job, and frequently withholds visitation from you. Other factors the courts will consider include mental illness of the mother, abuse and neglect such as failing to provide medical and dental care, sexual abuse of the children by the mother or others she brings into contact with the children such as her boyfriend or relatives, and domestic violence, which can be used against the mother if it is occurring at her residence around the children,
Record All of Your Phone Conversations With Your Ex and Your Children
Some states permit you to record phone conversations without the other party knowing. There is a list of all 50 states and their laws on recording phone calls located at http://www.rcfp.org/taping/. If you live in one of the states where it is legal, you should start automatically recording every conversation you have with your ex or your kids when they are at her house. If you live in a state that requires both parties to assent to recording, it is worth a try to ask your ex at the beginning of conversations if she will assent to recording. If she says no, then be sure to write down anything that might be pertinent after each phone call; your notes are admissible in court.
Convince Your Ex to Willingly Give You Custody of Your Children
The main reason many mothers become adamant about having custody is because of the free child support and knowing that they are sticking it to you. You need to use this psychological factor to your advantage. Emphasize that if you obtain custody, you will not request any child support, and if necessary, offer to pay her alimony for the first year or a large sum of money to help with "bills." Although it seems unfair, in the long run you will save hundreds of thousands of dollars in child support as well as years of emotional stress. Figure out what will convince your ex to give up custody and work very hard on it. Maybe your ex wants to attend school, but with taking care of the kids on top of work has no time. Emphasize how difficult it will be for her to raise the children alone while trying to pursue other interests, pointing out how she will be stuck with the kids on her own almost every day and night of the week. Of course, even if she does give you custody, she can always change her mind later. However, it will be much more difficult for her to get custody after you have had the children by yourself, particularly if you have had them for at least two years.
The Courts are Interested in Pushing Cases Through Quickly, and Discouraging Parties from Going to Court
A common misconception fathers have about the court system is that the court is going to assess their situation based only on what is fair and what is best for the children. This fails to consider the pressure on the courts to look at other factors. Judges are overworked and cases take a long time to make their way through the system. Consequently, judges are under considerable pressure to maintain the status quo, and prevent both parents from filing motions and requesting hearings. It is quickest and easiest to defend legally a decision to award custody to a mother and maintain that status until the child reaches adulthood. A common tactic by judges in family law cases is to only deal with one issue at a time. When fathers realize that it is going to take them numerous trips to the courthouse over a considerable period of time, they are less likely to continue fighting for custody. At a cost of $500/mth for an attorney, combined with another $500/mth a father pays in child support, most fathers cannot afford a custody battle that will last a couple of years. The only thing you can do is use this to your advantage - every time your ex has to go to court or respond to one of your pleadings, it is causing her emotional stress as well as money if she has an attorney. If she realizes that all of the child support you are paying her ends up going to pay her attorney, coupled with the additional factor of emotional stress, she may give up after awhile and hand over custody to you.
Custody Evaluations
When you file for a change of custody, the court will probably order a custody evaluation. These are assessments by a social worker that usually end up favoring the mother. The type of person that is attracted to this type of job are low income women with a chip on their shoulders; they are not going to be predisposed to making a determination that children should be with their fathers. They will latch on to small details to justify their preferences to give the children to the mothers. For example, if the children cry when they leave their mothers to go for visits with their fathers, the social workers will emphasize this in their reports and claim that it is evidence that the children are unhappy with their fathers. One way to combat these custody evaluations is to preempt them with a psychological evaluation of your own. Find a child psychologist who has a reputation for being favorable to fathers, and preferably also one on the court's approved list of psychologists, if the court has one, and have him do a preliminary evaluation of your child. You may want to give the psychologist leading questions to ask your child, such as whether your child would rather live with you, if mother abuses drugs, alcohol, or smoking in front of the child, if people close to the mother abuse or sexually touch the child, etc. - whatever bad things your child has indicated to you about living with your ex.
And Do Not Forget: Do Not Get Behind in Child Support and Do Not Miss Your Visitation
There's no easier way to ruin your chances of getting custody of your children then by failing to pay child support or missing visitation. Yes it's unfair that you have to pay child support (a fairer system would be to eliminate child support and have the parent who is fortunate enough to be awarded custody have full responsibility for providing for the children when they are with that parent), but if you fail to pay child support and get behind, the courts will not be sympathetic, and will view you as a "deadbeat dad" that doesn't deserve custody. If you lose your job or take a lower-paying job, file paperwork with the court as soon as possible in order to lower your child support accordingly. Generally, even if you get fired, you are still entitled to have your child support lowered to account for your time out of work to some extent - but you must be proactive and file the paperwork yourself, the court isn't going to lower your child support unless you affirmatively ask for it. Remember, it's in the court's interest to have you pay the most money possible to your ex, because that ensures that she will not go on welfare.