Helping Fathers Fight For Child Custody Rights

Last updated on September 5, 2024

When a man is involved in a family law battle, specifically in a case involving his children and his rights as a father, he may face an uphill battle. Minnesota family law courts have historically been biased in favor of mothers. While the landscape of Minnesota law may be changing, in many situations, fathers still require aggressive advocacy in divorce proceedings.

Your rights as a father are vitally important, and our fathers’ rights lawyer, Todd Dwire, recognizes that. At Dwire Law Offices, we offer supportive, experienced and effective legal services to fathers involved in various divorce and paternity cases in Dakota, Rice and Scott counties.

Understanding Fathers’ Rights In Minnesota

As a father, you want to spend as much quality time with your child (or children) as possible. Whether through child custody or parenting time agreements, our MN fathers’ rights lawyer will help you achieve a schedule that makes sense for you and your child. Men who come to our law office know that their interests, as well as the interests of their children, will be protected throughout the divorce process. In paternity cases, this may involve DNA tests.

Child support is determined by mandatory state guidelines. If you are a noncustodial parent and will be paying child support, our attorney can ensure that the support payments are determined fairly. Similarly, our attorney can also ensure that alimony is determined in a fair manner.

While fathers’ rights have improved, judges and guidelines can still be biased toward mothers. With knowledgeable legal counsel, you can feel confident that your rights and best interests as a father are protected. You can avoid making the common mistakes fathers make.

We Help You Overcome Bias In Family Courts

At Dwire Law Offices, we recognize the challenges fathers face in family courts and are committed to helping you overcome potential biases. Our approach is multifaceted and tailored to your unique situation:

• Comprehensive documentation: We assist you in gathering and presenting evidence that demonstrates your active involvement in your child’s life. This includes records of time spent with your child, participation in school activities and financial contributions.
• Challenging stereotypes: Our team is skilled at addressing and dispelling common misconceptions about fathers in custody cases. We highlight your strengths as a parent and advocate for gender-neutral consideration of parenting abilities.
• Emphasizing co-parenting: We focus on demonstrating your willingness and ability to cooperate with your child’s other parent. This approach aligns with the court’s preference for arrangements that foster healthy relationships with both parents.
• Showcasing stability: We help present evidence of your stable home environment, employment and support system – factors that courts look at when determining the best interests of the child.
• Utilizing expert testimony: When necessary, we collaborate with child psychologists and other experts who can provide professional insights into the importance of father-child relationships and your specific situation.
• Negotiation and mediation: Our attorney is a capable negotiator, often able to reach fair agreements outside of court, reducing the impact of potential biases in the courtroom.
• Educating the court: We’re prepared to present research and statistics that show the positive impact of father involvement in children’s lives, challenging any outdated presumptions.
• Aggressive advocacy: When facing clear bias, our lawyer is ready to assertively challenge unfair treatment and decisions, protecting your rights throughout the legal process.

Our goal is to level the playing field, ensuring that you have the best possible chance of achieving a fair custody arrangement that recognizes your vital role in your child’s life. With Dwire Law Offices, you have a dedicated ally in your fight for fathers’ rights.

Mistakes Fathers Make in Family Court

1. Airing details of your divorce on social media – Anything you post online can be used against you in court and by your spouse. Keep all details to yourself, especially any emotional or personal details.
2. Involving your kids in your divorce – This whole situation is hard enough on your kids as it is. Don’t use them as a conduit to talk to your spouse and don’t use them as a sounding board about your divorce or any other adult issue. They love both of you and will say what you want to hear, which will just confuse things further. Instead, tell them you love them and that even though they will now have two homes, you will still be family.
3. Using your children as pawns in your divorce or custody dispute – If you threaten to take your children away from their mother and never let her see them again, it is considered a strike against you by the courts and can be used against you by your spouse’s attorney.
4. Threatening not to pay child support – The state of Minnesota requires both parents to support their children, regardless of the events surrounding their divorce or separation. Threats like this will make things more difficult for you and worse between you and the other parent.
5. Expecting that you will get equal consideration as a parent if you haven’t participated in your children’s lives – If you haven’t been “hands on” with your kids in terms of feeding, bathing, clothing, caring for them during the day or participating in their everyday lives, you’re not going to be considered an equal when it comes to parenting in the context of a custody dispute. It is a good idea to be involved with your kids all of their lives because they’re your kids and it’s what’s right for them.
6. Throwing Mom under the bus – Badmouthing your wife or ex-wife just makes it harder on your kids and will probably get back to their mother, one way or another. This can create more discord between the two of you. It can also cause behavioral problems for your kids.
7. Thinking with your wallet – Especially when it comes to your kids, you can’t let money influence your position. Keep their best interests in mind at all times, even if it is to your wife’s or ex-wife’s advantage. It may cost you more, but in the long run, it will be better for them and for you.
8. Domestic violence – Emotions run high during a divorce. You have to go above and beyond to avoid any confrontation that could possibly be construed as domestic violence. There is a perceived bias in favor of women in domestic violence situations and there are women who will try to force a conflict in order to gain the upper hand in a divorce.
9. Not responding to a divorce petition or requests for information from your wife’s lawyer – As hard as this is, drawing it out further will just make it worse for everyone involved. You need to respond promptly and clearly, with the correct and accurate information so you are not holding the process up or accused of presenting false information.
10. Not having legal representation – Hiring an attorney may be the smartest thing you ever do during a divorce. Many men think they’re going to get screwed anyway, so why bother. An attorney will watch out for your best interests and help you get what you need for a decent start in your new life.

Common Myths Surrounding Fathers’ Rights Attorneys

There are a lot of misunderstandings out there about the role of an attorney when a father is going through divorce or a child custody conflict. Here are the facts:

Myth No. 1: Hiring a lawyer is unnecessary if the parents have an amicable relationship

If you still get along with your ex, you might be tempted to try to save on legal fees and trust that your ex’s offer will be fair and in the children’s best interests without consulting a family law attorney. But like any negotiation, the first custody offer should be a starting point. It probably will be in favor of what your ex wants, not what is best for you or the kids. Your lawyer can explain your parental rights and represent you in negotiations to help you reach a plan that is reasonable and practical for everyone involved.

Myth No. 2: An attorney is only needed when a case is contentious

It is best when parents can communicate cordially and work in good faith toward a solution to child custody. But this does not mean the two of you will be able to negotiate a fair and legally enforceable compromise on your own. Instead, each of you needs an attorney who can advise you of your legal rights and obligations and give options for achieving your goals, including negotiation, alternative dispute resolution and going to trial.

Myth No. 3: Lawyers focusing on father’s rights only escalate conflict

A good family law attorney knows when to fight for their clients and when to seek a compromise. The goal should be a child custody arrangement that allows the children to thrive and meets your needs, not “winning” an ugly legal battle, though such fights are sometimes necessary to achieve these goals.

Schedule A Free Consultation Today

At Dwire Law Offices, we believe in fighting for the rights of fathers to see and raise their children. To learn more about how we can help you, call us at 952-232-0179 or fill out our online contact form. We offer free consultations at our Lakeville office and can assist clients throughout Dakota, Scott and Rice counties.