Child custody poses a significant challenge in any divorce, but for men facing high-conflict separations, the process is even more complex.
If you are a man going through a divorce without understanding the scope of men’s rights, you may be giving up some of the benefits you are entitled to during a divorce.
In cases of high levels of conflict between partners, the man has certain rights that his partner cannot take away from him—even if she refuses to cooperate with traditional methods, such as signing documents.
Working with the help of a men’s rights attorney is essential, especially in high-conflict custody cases, to ensure your parental rights are protected.
Here are some of the common challenges men face and the legal options to manage contentious custody battles more effectively.
What Constitutes a High-Conflict Divorce?
Most divorces come with some level of conflict, because inherent in the divorce process is typically some baseline differences that prompted the divorce in the first place.
However, high-conflict custody cases are most often characterized by uncooperative parties who do not seek to compromise or who may actively sabotage the custody arrangement process.
Men’s Parental Rights During Conflicted Divorce
It is common for high-conflict divorce to take longer and require more help from a legal team. In such situations, men have numerous rights that can help them ensure fair treatment.
The right to due process and representation
Unfortunately, one common tactic in conflict-laden divorce cases is for the woman to accuse the man of abuse or other types of misconduct in an attempt to discredit their viability as a custody holder.
Men have the right to due process to fight these claims, as well as representation to advocate for them in court.
They have the right to provide evidence against such claims and, should the allegations prove unsubstantiated, to proceed with child custody without influence from the discredited accusations.
The right to court-approved paternity testing
In many cases, a child’s mother can attempt to block the father from demonstrating paternity (and securing the rights that come with it) by failing to comply with paternity-related documentation.
They may choose not to sign affidavits of paternity or fail to respond to requests for adoption paperwork. Men have the right to petition the court for a court-approved paternity declaration to prevent their partner from interfering with their paternal rights.
The right to parental equity
Both parents have the right to be treated equally. For men, this means they have the right to fair and equal consideration of what is in the best interests of the child when determining visitation and custody rights.
Men have the right to earn partial or full, legal or physical, custody based on the merits of their situation, regardless of their gender.
The right to receive child support
Child support payments are paid for the benefit of the child to the parent who needs the financial support, regardless of gender. Men have the right to receive child support if it is in the best interest of the child.
If their former partner does not pay court ordered child support, men have the right to pursue legal action, which may result in a contempt of court charge.
The right to proper use of child support
In some cases, the father may be deemed responsible for child support payments. In these cases, men have the right to see that their child support funds are being spent in support of the child.
Men also have the right to petition the court to reduce child support payments if there is sufficient evidence that child support misuse has occurred.
The right to petition for custody
If a father has not received custody when he believes that he should have, or if he has evidence that the child is not safe with the custodial individual, he has the right to petition the court for a new custody determination.
This can change the existing arrangement to award a greater proportion of custody to the man or to eliminate shared custody entirely.
However, before taking on this step, it is essential to be able to clearly demonstrate to the court why the custody arrangement should be altered. Simply desiring more time with the child is not sufficient.
Defend Your Men’s Rights During Custody Conflicts
Custody conflicts can be stressful, but the addition of high levels of vitriol or disagreement between parties can add to the difficulty of an already challenging situation. Men who do not understand their parental rights during high-conflict custody cases stand to lose some of the opportunities afforded to them by law.
The legal team at Milstein Siegel can work with you to protect your rights and ensure you receive fair and equitable treatment during custody decisions, regardless of whether your former partner is cooperative with the process.
Contact Milstein Siegel to schedule a consultation before custody is determined.
