Everyone has heard the term “deadbeat dad” floating around at one time or another.

A label such as this one usually sticks to those fathers who choose to evade their duties by shirking on child support payments.

Why would a father opt out of financially taking care of his minor children?

There are many reasons for this scenario, namely that the male parent who is ordered to pay support does not have adequate enough means to meet the monetary obligation.

The second biggest reason, and the one that has historically given rise to the deadbeat dad descriptive phrase, is that the father in a divorce situation feels he has not been given adequate custodial time with his children – and therefore won’t feel like paying the required funds, simply choosing not to do so regardless of the court order and the consequences that come along with ignoring its contents.

But does a father truly have fewer rights during divorce?

It is true that a majority of past child custody cases have shown a definite pattern of favoring the mother in the final outcome, where the family law judge awards her a greater percentage of time with the minor children in addition to giving her the ability to be the recipient of support payments.

And because of the way that child custody has been previously been dealt with, it is hence made easy to get swept up in the view that fathers have fewer rights than their female counterparts during a divorce proceeding.

Yet in the present practice of family law, things have changed in such a way that fathers are now ensured that they can enjoy the same rights and have the same custodial opportunities as their spouses.

How is this possible?

The consideration of the divorce courts has shifted so that decisions are made based first and foremost on what is in the best interests of the minor children when it comes to such things as the child custody and visitation schedules for each of the parents.

For example, a family law judge may make the decision for whatever the reason that the father can provide a more stable home for the minor children than the mother can, in which case the judge will not think twice about giving the father primary physical custody where the children will spend a big majority of their time residing with him. And, it is a detail such as this one that rules out the idea that fathers still have limited rights when it comes to a divorce case.

Also, there are many situations where the mother is assigned responsibility for child support and spousal support payments to the father.

And because it is the judge of the court who has made the order for the mother to pay the father a sum for child support, spousal support, or both, this scenario further confirms that the party required to make payments is not decided by gender, but instead by the financial circumstances of each parent.

Finally, there are those times when a divorce involving minor children does not also include an order for one spouse to provide monetary support to the other spouse.

What type of situation would open the way for each of the spouses to remain self-sufficient?

When each spouse spends exactly 50% of the time with the minor children and each party also brings in the same dollar amount of monthly income, a judge will not find any reason to order child support or spousal support payments to be made from one parent to the other.

As is evident from the above examples, a father does indeed have rights when it comes to his divorce, rights that just happen to be equal to the mother’s through the eyes of the family law court.

To add insult to injury, dealing with a divorce lawyer can often be less than satisfying and gives occasion for many complaints arising. They could cause you to lose custody of the children, see money go out to pay for spouses that have successfully hidden their true worth, and you may have also spent considerable money with out seeing any tangible results.

The divorce attorney, who sees in this form of legal battle, a means to make some money, particularly when one considers how well-known and complex such instances are, treats divorce cases as a cash cow waiting to be milked. With costs of divorce becoming pretty unaffordable, quite a few men and women may not even be able to afford the luxury of a divorce lawyer.

To definitely get the most out of your divorce lawyer, it’s hence imperative that you simply spend some time preparing the divorce event and it should be treated similar to how you planned your wedding. You ought to be able to clearly state to the divorce attorney what your circumstance is and what issues are involved. Most divorce lawyers appreciate brevity, and some may even charge an overly longwinded customer additional.

The divorce attorney that you just hire really should be someone that’s clear in his or her thinking, and can strategize well at the same time as have enough time to spare for your scenario. It doesn’t necessarily ought to be a large and fancy firm, but should be one that fits your needs perfectly. There’s no doubt that entering into a divorce litigation will prove being pricey as well as result in a good deal of emotional distress. You would hence be properly advised to ascertain that the divorce lawyer which you hire has the requisite skill sets to win you your event.

Sheila Vierra, Attorney At Law, LLLC assists clients in Honolulu and throughout Oahu with a full scope of family law matters. They offer representation in connection with a range of divorce and dissolution issues, including property division, retirement division including QDROs, child custody, visitation and child support, alimony, paternity, estate planning, guardianship, adoption and restraining orders, and they are one of the few divorce law firms in Honolulu experienced in preparing and processing Qualified Domestic Relation Orders (QDROs).

With over 20 years of experience practicing law in Hawaii, firm principal Sheila Vierra offers the sophisticated representation of a large law firm, coupled with the personal attention and accessible services of a small one. When working with clients, she is dedicated to being a reliable source of advice and support, maintaining open lines of communication, promptly returning phone calls and offering weekend and evening office hours by appointment. The staff of experienced legal assistants complete the firm’s ability to provide quality and timely services at reasonable rates.

Whether you are facing a contentious, potentially costly divorce or need assistance regarding the division of retirement plan assets in a domestic relations proceeding, they have the skills and expertise to help. To find out how they can assist you with your family law matter, contact Sheila Vierra, Attorney At Law, LLLC today.