An Alternative View of Child Custody

Prior to the 20th century, the majority of common law jurisdictions treated children as the “property” of their father. This meant that when a divorce occurred, the father typically got custody of the children and the mother usually got nothing. In the 20th century, the development of psychological science led to most jurisdictions adopting the “tender years” doctrine. This doctrine holds that, except for cases of extraordinary conditions, any young children should always be placed with their mother. Unfortunately, both methods are flawed.

The Father’s Rights Movement came about due to the belief and perception that fathers were not being given equal treatment during child custody litigation. The groups currently hold the beliefs and goals of:

• Obtaining recognition that a “traditional” division of parental roles during a marriage does not mean that a father shouldn’t be considered for custody after a divorce. A father may not be the primary care giver but can still be active in his children’s lives.
• Children are best served by being in the care of both of their parents. When this is taken into account, there should be a legal presumption of joint physical custody and equal parenting time.
• Fathers are at a disadvantage throughout the entire custody litigation process.

The Father’s Rights Movement is not made up of just fathers. Individuals who participate are frequently the siblings of fathers or even second wives who have seen their spouse caught up in a brutal custody battle.

For more information on the Father’s Rights Movement or any aspect of child custody, contact the Austin child custody lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.