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Determining fathers' rights in divorce

Many Montgomery residents will face divorce at some point in their life. With over half of all American weddings ending in divorce, it is a trend that continues to negatively affect the public. Divorce is usually the toughest on children, especially when the father figure is left out of custody. Very few fathers would prefer to cut their children out of their life. In today's family law courts, fathers' rights are becoming more relevant in deciding which spouse will be the primary conservator or custodian of the children.

In many traditional divorces, judges would favor the mother as the primary caretaker of the children, assuming that the father is the breadwinner. In recent times, however, this is not always the case. Many women now earn more income or work equal hours to their male spouses. In Tennessee, judges will typically make a decision based on what arrangement most benefits the children. They will look at who did the majority of parenting during the marriage. For example, helping with homework and dropping the kids at school would be considered factors in determining the primary conservator.

There are many other reasons and factors that play a part in child custody determinations. Typically, 50/50 custody is usually the preferred ruling in most Tennessee courts. Additionally, in most cases, judges do not want to separate children. Nonetheless, there are factors that may cause a judge to deviate from this ruling. For example, if one of the spouses was an alcoholic or had a negative influence on the kids, the judge may decide to award a larger portion or even all custody to the other spouse. No two cases are the same.

Any parent who is concerned with what is best for their children understands the importance of child custody, no matter how he or she feels about the other parent.

Source: The Huffington Post, "Father's Rights In Divorce: Myths and Facts," Natalie Gregg, March 22, 2013

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The Law Office of Steven C. Girsky
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Clarksville, TN 37040

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