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-   -   Bias in custody hearings (https://www.askmehelpdesk.com/showthread.php?t=288339)

  • Dec 4, 2008, 02:57 AM
    dadsareparents2
    Bias in custody hearings
    Judy you said:
    [QUOTE=JudyKayTee;1406434]I don't find the Courts to be biased against Defendants nor do I find the Courts to be biased against men. As far as this is "natural" because there are more deadbeat Dads I fail to see how this factors into your thinking. More deadbeat Dads = more male Defendants = bias. Not my experience and I've worked both sides.

    I say:
    There are countless areas you can look to see that courts are biased when it comes to child custody. We are still in the midst of the Fathers Rights Movement so to speak. The fact that laws are changing to incude the phrases "fair and equal" as it relates to child custody is also evidence that the courts are biased. Judy I am not sure what your status is but the majority of child custody attorneys will tell you the same thing. In fact when you find one that does not think it is a lost cause to challenge child custody please refer him/her to me. I cannot find one that is willing to serioulsy help me go for simple EQUAL custody. This is not a case where I am just entering my 3 year olds life. I have been in his life since day 1 (never married). EVERY attorney has told me that I stand NO CHANCE at equal custody and time with him. Why would attorneys being saying that if there is no bias in courts as it relates to child custody?
  • Dec 4, 2008, 08:08 AM
    JudyKayTee
    [QUOTE=dadsareparents2;1408342]Judy you said:
    Quote:

    Originally Posted by JudyKayTee View Post
    I don't find the Courts to be biased against Defendants nor do I find the Courts to be biased against men. As far as this is "natural" because there are more deadbeat Dads I fail to see how this factors into your thinking. More deadbeat Dads = more male Defendants = bias. Not my experience and I've worked both sides.

    I say:
    There are countless areas you can look to see that courts are biased when it comes to child custody. We are still in the midst of the Fathers Rights Movement so to speak. The fact that laws are changing to incude the phrases "fair and equal" as it relates to child custody is also evidence that the courts are biased. Judy I am not sure what your status is but the majority of child custody attorneys will tell you the same thing. In fact when you find one that does not think it is a lost cause to challenge child custody please refer him/her to me. I cannot find one that is willing to serioulsy help me go for simple EQUAL custody. This is not a case where I am just entering my 3 year olds life. I have been in his life since day 1 (never married). EVERY attorney has told me that I stand NO CHANCE at equal custody and time with him. Why would attorneys being saying that if there is no bias in courts as it relates to child custody?


    I actually investigate on behalf of clients for a famly law firm so I'm in and out of the Courtroom all the time. I've posted this before - your experience may not be the same as mine. This may vary from area to area, State to State.

    I've never heard the firm I work for tell anyone - unless there are some strong mitigating factors involved - that it's a "lost cause" to challenge child custody. Full custody, yes, in the best interest of the child. Taking a 3 year old from the only home he/she has ever known may not be in the best interest of that child. Shared custody - no, never heard that statement.

    My referral to you to an Attorney in my area serves you no purpose.

    Why would your Attorney say that you have no chance at equal custody and time with the child? I have no idea what the circumstances of both parties are so I don't have a pat answer.

    Go back to Court by yourself (you do not need an Attorney), file another Petition and request that a trained professional review the case, interview and evaluate all parties, including the child (and I know it's almost impossible when the child is 3) and have that report submitted to the Court.
  • Dec 4, 2008, 12:03 PM
    ScottGem

    I've moved your post and Judy's response to its own thread rather than have the original thread sent off on a tangent.

    I also have to support what Judy has said. But I wonder if the issue here comes down to definition of terms. There are two types of custody; legal and physical. I can't imagine an attorney saying that the legal father can't get joint LEGAL custody unless he's a danger to the child.

    Physical custody is a different issue. I would only expect joint physical custody to be granted when the parents live in the same school district so continuity can be maintained. Or if the child is beyond toddler but before kindergarten age.

    Yes, the courts are still a bit biased towards the mother when it comes to awarding primary physical custody. But that is changing. On the flip side, the courts have been moving towards a more equitable visitation schedule, allowing the father significant amount of time with the mother.

    One of the unfortunate aspects of this is that when the parents breakup there is often a degree of bitterness and the children become a pawn in the battle between the parents.
  • Dec 4, 2008, 04:48 PM
    cdad

    For the record and I guess because the term grates me so much because of its over use the real truth is there are more deadbeatmoms then there are deadbeatdads by percentage in the U.S. today.

    And on a personal note the court system I went through had a basic rubber stamp for divorcing parents - 80/20 with the moms getting the 80% physical custody. That way the dads had to pay support. So I guess its different all over and in some respects we will agree to disagree.

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