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Old 08-08-2020, 03:20 PM
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Janus Janus is offline
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Originally Posted by Taher View Post
Janus, thanks for taking time to answer the questions thoroughly. Basically, what I deduce from the above is: fathers have no rights!
Nope, incorrect.

1) Parents do not have rights, only obligations

2) More importantly, the court is unconcerned with the welfare of non-custodial parents, not necessarily just fathers

The father has not fought for the 50/50 custody yet as the father works full time
Lots of fathers work full time and still have custody. In fact, the vast majority of fathers work. Abandoning your child because you value work over the child generally looks terrible in court.

Another question if you don't mind answering: how difficult it is to get the 50/50 custody of a child considering that the mother and child are living together for about 7-8 months (status quo), the father doesn't have any charges or anything and the current court order is for father to see the child over the weekend only for 10-ish hours?
Almost impossible. It will be at least a year until the matter is heard, and by then there will be 2 years of status quo. Even worse, the father has no reasonable excuse for why he did not pursue custody immediately.

Also, if the father loses this battle, the father would have to pay for the mother's lawyer as well?
Very likely yes. A portion of it at least.

What could be the reason for a father to lose a 50/50 custody?
1. Status quo against the father
2. Mother is unemployed and stays home with child
3. Father has a weak support system
4. General sexism in the family courts

I thought a 50/50 should be a default unless one gives up?
A presumption of shared parenting was explicitly rejected by the legislature. The bar association argued strenuously against that. Appropriate conclusions can probably be drawn.

Also, in this case, the father did give up. Remember? Allowed the mother to take the kid because he was working? That's giving up.

Is it possible to fight this battle without a lawyer? (self-representation?)
I think you will likely lose either way. What has changed in the last 7 months (besides realizing the child support is expensive)? Why was the child better off with the mom 7 months ago, but that is no longer the case?
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