AspieRogue wrote:
hyperlexian wrote:
right... so he can petition and get shared custody. what's the problem with that?
The way american family law courts work is that in cases where the mother gets custody by (legal)default, if the father petitions the court he has to prove to the judge that him gaining joint custody is in the interests of the child's welfare. Furthermore, if wishes to have custody transferred to him, he must prove that the mother is unfit to care for the children. My sister is attorney and that's where I'm getting this information from. Many judges in the US still believe strongly that Dad = breadwinner and Mom = caregiver.
but this is only in cases where they are not together when the child is born. if the father isn't around for the pregnancy but wants to share custody, he can have that right. i think it would be better if it were automatically given as shared custody, as that would definitely be more fair.
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