Usher wins custody of sons.

Today, a court in Fulton County awarded Usher Raymond custody of his two young sons.  Although numerous media outlets reported on the more sensational aspects of the case and revelations during the case, we cannot speculate as to all the evidence the judge heard.   The judge considers many factors in arriving at the difficult decision to switch custody.  What this case does tell us, though, is that given the right set of circumstances, fathers DO have rights to custody and can win, even when the mother is fit.

Regina

Many states embrace change in alimony laws

On behalf of Edwards & Associates posted in Divorce on Friday, August 26, 2011

Americans tend to have a general idea about the rate of divorce in the country, but new information gathered by the recent Census allows Americans to view divorce with a new light. According to the new Census information men and women in the South and West have higher divorce rates than men and women in other areas of the country.

According to the latest information, the general divorce rate among men and women in the United States is comparable. Divorces became final for 9.2 of every 1,000 men in the United States, and divorces became final for 9.7 of every 1,000 women. As divorces were broken down according to region the rates began to differ.

Divorces occurred at a higher rate in the South and West. In the South divorces became finalized for men at a rate of 10.2 for every 1,000 and for women at a rate of 11.1 per 1,000. Divorce rates seem to be connected to the rate of marriages in a given region. According to a family demographer at the Census Bureau, divorce rates in the South tend to be higher because marriages rates are also higher in the South. The Northeast had the lowest rate of divorces, but the rate of marriage is also lower in the region.

The report entitled, "Marital Events of Americans: 2009" is the first report to review and analyze marriage, divorce and widowhood among Americans ages 15 and older. The information used in the study was gathered from the 2009 American Community Survey. Prior studies on divorce and marriage in the United States were based on information collected from marriage and divorce certificates filed at the state level.

Source: Reuters, "More untie the knot in South, Northeast divorces least: Census," Molly O'Tolle, Aug. 25, 2011

Single fathers successfully lead many households in Georgia

On behalf of Edwards & Associates posted in Fathers' Rights on Thursday, July 14, 2011

Fathers play a crucial role in raising children, and data from the U.S. Census backs that up. Census data showed that Georgia fathers are taking child custody following divorces and legitimation proceedings at an increasing rate. Families led by single fathers shot up 45 percent in the recent census. Those headed up by single mothers took a 35 percent hike in the last decade.

This trend is not unique to Georgia. Since 1990, the number of single dads has shot up from 1.5 million to 2.79 million. This figure does not include the number of gay men that are raising children and cannot officially marry, thus slightly skewing the figure. However, this is also an issue involved with calculating the number of families led by single mothers.

Professionals attribute this trend to the fact that society may be bucking traditional gender roles that state men focus on work and women base their daily lives around raising children. Men are finding themselves capable of becoming the primary caregiver to their children, and not designating that role for a woman.

At the same time, a number are women are discovering that they don't need- or in some cases, necessarily want - to be the sole provider for a child when a marriage disintegrates.

The increase also speaks to the fact that Georgia courts are becoming more open to giving child custody to a man. Experts say that there is little difference between single mothers and fathers as they face similar responsibilities and time constraints.

As the census data demonstrates, the important roles fathers play is becoming increasingly recognized by Georgia courts and society as a whole.

Source: Atlanta Journal-Constitution, "More single dads in charge," Gracie Bonds Staples, 18 June 2011

Grigorieva to drop charges against Mel Gibson

On behalf of Edwards & Associates posted in Custody on Friday, May 20, 2011

As Mel Gibson and his ex-girlfriend Oksana Grigorieva fight their child custody battle, ugly personal conversations and events have been made public. Early in the case, Grigorieva pursued domestic violence charges against Gibson. However, Grigorieva has recently decided to drop these accusations. The couple's problems have not been much of a secret. As with many cases in the public eye, private conversations and interactions have been made public through the media.

Grigorieva says she dropped the accusations to show that she is able to be a good co-parent to the child, as the couple is currently working on a co-parenting plan. To show good faith, she is also looking to have the restraining order against Gibson lifted, so the two can once again have contact.

Gibson never admitted to the domestic violence charges, but did enter a "no contest" plea to one battery charge from last year. He will be undergoing 52 weeks of anger management counseling, and the plea allowed him to avoid admitting guilt.

Even though many things have been leaked, most of the details of the case and the sheriff's investigational findings into the couple's relationship have been tightly sealed. Attorneys on both sides state that they do not wish to make this personal information public because of the affect doing so might have on the couple's young daughter as they continue the custody battle. Because of this tight secrecy, many rumors about the couple have surfaced, and no one is sure whether Grigorieva plans to pursue a civil suit against Gibson once the custody arrangement has been determined.

The child custody dispute between Mel Gibson and Oksana Grigorieva demonstrates how difficult child custody issues can be to resolve. Thankfully, not every child custody case is as high profile or as public as their case is. Nevertheless, every child custody dispute is important. Every child custody case presents its own unique issues and requires its own unique solutions. If you have questions about a child custody issue, an experienced family law attorney can help.

Source: CNN, "Mel Gibson's ex-girlfriend drops domestic violence accusations," Alan Duke, 5/5/2011

Public opinion supports equal child custody rights for fathers

On behalf of Edwards & Associates posted in Fathers' Rights on Tuesday, May 3, 2011

In the past, we have discussed the outdated myth that child custody disputes should usually be resolved in favor of the mother. In Georgia, family law judges are required to consider the best interests of the child first and foremost. The use of the best interests of the child standard demonstrates that there has been progress made towards making custody decisions more gender neutral. However, concerns remain about how gender bias can affect fathers' rights in child custody cases and the law is often slow to change in order to catch up to prevailing views in society.

Recent studies are showing that public opinion is growing increasingly in favor of equal custody rights for both fathers and mothers.

The studies were conducted by psychology professors and students at Arizona State University. In one study, the researchers analyzed the results of elections and public opinion polls and found that there is now great public support for dividing child custody equally between both parents.

A second study went even further by questioning prospective jurors in a local jury pool. The study gave the jurors a series of hypothetical situations and asked the jurors how they would divide child custody when both parents were requesting as much time as possible. In one hypothetical situation, the mother provided 75 percent of childcare duties before the divorce. In the second hypothetical situation, the father provided 75 percent of the childcare duties. In the third hypothetical case, the mother and father divided childcare responsibilities 50-50.

The researchers found that the jurors strongly favored equal child custody for both parents. In the hypothetical case with the 50-50 split, 69 percent of jurors favored equal child custody rights for both parents. Of the rest of the respondents, almost all of the jurors favored having the child live with the mother and spend a lot of time with the father.

Interestingly, the prospective jurors favored equal time even in the hypothetical cases involving a 75-25 pre-divorce division of childcare responsibilities. The study also found no difference of opinion between male and female respondents in the study.

This study is good news for advocates of fathers' rights in that it indicates that public opinion is solidly in favor of an equal division of child custody rights when all other factors are neutral. However, it is important to note that child custody decisions are often made by judges and not by jurors. Judges must consider the best interests of the child when they make child custody decisions. Therefore, it is very important for parents to put their best cases forward by working with an experienced family law attorney when they are faced with a child custody hearing.

Source: Medical News Today, "Public Favors Equal Custody For Children Of Divorce," 5/3/2011

Halle Berry says judge was needed to resolve child custody case

On behalf of Edwards & Associates posted in Father's Rights on Tuesday, April 26, 2011

Halle Berry had been with her boyfriend, Gabriel Aubry, for about 4 years when they broke up about a year ago. The couple never married. At the time of their breakup, it appeared that they were trying to end their relationship amicably. However, the issue of child custody was not easily settled.

In 2008, Berry and Aubry had a daughter together. In December 2010, Aubry filed a petition in court seeking to have his paternity over their daughter legally recognized. This was a necessary step for Aubry because the law does not automatically recognize a father's rights if he never marries his child's mother.

After several months of legal maneuvering, Halle Berry recently announced that she and Aubry have resolved their child custody dispute peacefully. In an interview with Extra TV, Berry expressed her relief at resolving the dispute in a peaceful way and she added that the fight was never about whether or not Aubry would be able to spend time with their daughter. However, it appeared the couple was at an impasse and needed help to reach a resolution.

When recently announcing a resolution had been reached, Berry said, "We both know a child needs both her parents. But what I want to say about it is sometimes, as a couple, you reach an impasse. We needed a court and a judge to help us work out some of the delicate issues, and I'm so happy we've arrived at that place." Berry has not publicly disclosed the details of her child custody agreement.

The child custody dispute between Halle Berry and Gabriel Aubry is an example of how couples can reach an amicable resolution through the court system. Although it appears that they agreed on the general issues in their case, they needed the help of the legal system to work out the details.

Source: Press Association, "Halle's happy custody resolution," 4/22/2011

Tags: Gabriel Aubry, Halle Berry, child custody, fathers' rights, legitimation

Gender bias and fathers' rights in child custody cases

On behalf of Edwards & Associates posted in Father's Rights on Friday, April 1, 2011

An outdated myth involved in child custody cases is that parenting is instinctive and that it is a unique instinct found only mothers. The misconception that women are more qualified to be good parents places unfair expectations on mothers and the misconception diminishes a father's rights in child custody cases.

Courts are legally obligated to address the best interest of the child during custody cases. However, gender bias has still been known to exist, allowing custody case outcomes to sometimes favor the woman while disregarding the child's best interests.

Countless family lawyers have expressed concern over this issue stating that gender does not dictate the parenting abilities of an individual. Women should not be presumed to be a nurturing caretaker solely based on gender, and men should not be presumed to be emotionally distant or inattentive. Some lawyers have stated that, in child custody cases, the individual skills of the parents are often overlooked in favor of outdated beliefs about gender.

Unfortunately, the visitation rights of fathers can be affected by previous issues with the mother. Family lawyers have reported seeing caring, loving and involved fathers receive constricted visitation rights due to the actions of an aggressive attorney and a bitter ex.

Child custody decisions should always place the best interests of the child first and many fathers are the best possible caregiver for their children. When gender bias plays a role in child custody cases, it damages the lives of children by not considering their best interests.

Attorneys who specialize in advocating for fathers' rights understand the unique difficulties a father can experience in a child custody case. If you are a father who wants to be involved in your child's life, an experienced fathers' rights attorney can help.

Source: The Huffington Post, "The "Y" Factor: Gender Bias, Child Custody And The Great Parenting Myth," David T. Pisarra, 3/28/2011

Tags: child custody, fathers' rights, gender bias

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