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Differences Between Mothers' & Fathers' Rights in a Divorce

Roughly 40 to 50 percent of American marriages end in divorce, according to the American Psychological Association. Divorces can be emotionally difficult for adults and traumatic for children. Nobody wins in a divorce, but knowing your rights as a parent can make life easier.

Do Mothers Have More Rights in Divorce Than Fathers?

It’s a common misconception that mothers have more legal rights in divorce cases than fathers. However, American custody laws don’t favor parents of either gender.

Why Do Divorce Courts Appear to Have a Gender Bias Toward Mothers?

Historically, mothers typically gained sole physical custody of their children, as they were the primary caretakers while fathers worked outside the home. However, in the modern world, this isn’t always the case. Today there are stay-at-home fathers and fathers who work as much as their ex-wives with strong cases for primary custody. Courts will determine what is best for the child on a case-by-case basis.

What Rights Do Parents Have in Divorce Cases?

Unless one parent poses a danger to his or her child, both parents have the right to spend time with the child. Although all cases are different, generally, if one parent has sole physical custody, the other parent has visitation rights. If a court grants joint physical custody, both parents can have their children live with them some of the time. Parents will ideally work out visiting and living arrangements themselves, but courts might intervene if this isn’t possible.

A parent with sole physical custody has the right to receive financial compensation for raising the child. The amount of financial support the other parent pays varies depending on his or her income and other factors.

For more information about your rights in a divorce, trust Figueroa Law Group. Our friendly and experienced divorce lawyers would love to sit down with you and discuss how you can maintain maximum contact with your child. Contact our Melbourne, Florida, office at (321) 248-1011 to set up an appointment today.

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