Mothers Rights vs Fathers Rights in Child Custody Case

💬Get INSTANT access to your Best Interest Checklist by chatting with Wendy here: https://m.me/commandthecourtroom?ref=w6475893
http://www.commandthecourtroom.com

When it comes to deciding custody of a child there’s a belief by some fathers that we live in a mothers rights world.*

Judges attitudes are becoming more progressive and what judges are now looking at is what is in the best interest of the children.

So if you are a mother who is fighting for custody of your child don’t get too overconfident and assume that since you are the mom the judge will award your custody or parenting time because that is not the case.

And if you are a father don’t automatically get discouraged and despair that since you are the father that you will not get custody or parenting time because that is not the case either.

Both mother and father still have to prove their case to the judge.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

Facebook: http://www.facebook.com/commandthecourtroom
Web: http://www.commandthecourtroom.com
My Law Firm: http://www.hernandezfirm.com

Please read the Disclaimer below:

*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.
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💬Get INSTANT access to your Best Interest Checklist by chatting with Wendy here: https://m.me/commandthecourtroom?ref=w6475893
http://www.commandthecourtroom.com

This is a roadmap to guide you if you are representing yourself at a child custody hearing and a list of things you can expect when you step into court.*

Please read the Disclaimer below:

*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.

When you are attending a evidentiary hearing or a temporary child custody hearing for example the judge will follow a certain process. So it is very important to know what happens at a child custody hearing and the custody procedures.

1. Who is the judge going to call to testify first?

Normally the judge will allow the person who filed the action that is pending will get to present their case first. This person is considered the plaintiff or petitioner.

So for example if you are seeking modification of a child custody order or parenting time, the judge will expect you to make your opening statement first. If you are the respondent then you will make your statement second.

After opening plaintiff present case in chief which means they have to all all their witnesses to testify on their behalf including themselves if they are representing themselves in court.

It is very important to think about the order you call your witnesses and keep in mind how much time you have as in custody cases you will have limited time and they will not go on for days on end. So it is best to do your homework and present your best witnesses.

You should prepare your witnesses and go over the important points that are relevant to your case. You should also practice a great deal with your witnesses.

So, if you are the plaintiff and you are callling yourself as the first witness then you will talk about the important points of your case and what in dispute and what you are trying to modify.

2. When do the witnesses speak?

Wendy Hernandez is a divorce attorney in Phoenix, AZ. Her areas of practice include divorce, child support, child custody, alimony and division of property.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

Facebook: http://www.facebook.com/commandthecourtroom
Web: http://www.commandthecourtroom.com
My Law Firm: http://www.hernandezfirm.com
Video Rating: / 5

child legal advice

40 thoughts on “Mothers Rights vs Fathers Rights in Child Custody Case”

  1. Anyone lives in the state of Texas and can better help me.. my kids has sprays been with me my oldest is 4 & youngest is 2.. I recently allowed them to go with there father for the summer and now it's time for them to come back with me he's refusing to do so.. yes he's there father but nothing on paper shows he doesn't have there bc or social documents my oldest starts school this month Texas says since u started he's their father he's not doing no wrong they did a general check on them and said since they we eating and look healthy there's nothing they can do.. I have a history of dv against him I've also had restraining orders against him while pregnant .. over the years I thought he has changed but no matter what he always tend to do this bull crap. I've never abused my kids or anything I believe he's trying to hurt and retaliate against me because I wouldn't let him get them after all the bullshit he's done , I just want to know what I can do someone I can speak with because this isn't ok I could see if I was unfit unstable etc all of a sudden he's wanting to keep my kids from me blocked me on FB and everything 😡

  2. In my case my ex hasn't been truthful he has fabricated and there's zero truth to everything he has said. I have told nothing,but the truth I'm the victim of conjugal abuse me and the children

  3. I’ve lived with my mom since I was 3 years old. Now I’m 12 and will be 13 in July. My dad has been married to a very mean and horrible woman since him and my mom got divorced. He is now divorcing that woman while I am at his house during the summer. In the last 2 years I have only seen my brother twice, because he moved in with his mom. He just moved back and my stepmom doesn’t like him because he was doing drugs but he moved back to get help and he stopped. My stepmom decided to go tell my mom that he is a meth head. Then my mom wanted me to go home although I have 3 more weeks at my dads house. Me, my dad, and my brother are moving within the next few days. My dad lives 4 hours from my moms house. Me and my mom live with my grandparents. My grandparents want move to where my dad lives in 1 year because they used to live there and we have family there. But they aren’t sure if they want to yet. Either way I want to move in with my dad in one year but my mom wont let me. And I want to know if I have the right to make the decision of moving in with my dad despite my mother’s permission

  4. I agree with best interest of the child but it appears that information available to educate parents going through a custody process is geared and supportive towards to fathers. I also believe that family law and the courts are also now more likely to favor the father, not the mother. I've been and gone through this myself and have witnessed friends and family have the same experience. Mom's appear to enter into a custody case as an underdog, having to climb out of a hole they're put in immediately just because they are the mother. My ex was emotionally and verbally abusive, to a point physically abusive (tried to push me out of a car with our young son in the back seat), I had a police report where here was pounding on my front door and shattered it…but he came into court and fooled everybody, my binder of evidence, letters of character, photographs, etc was never even looked at.
    It's been almost 3 years and he still feels he can pick and choose what orders he wants to follow. My son is being manipulated and there is evidence of parental alienation. We have joint custody but when we dont agree I am always the one who has to back down because my ex will not consider anything but his way or threatens court. I'm afraid to take him back to court because of the experience I had. I have an older daughter from another relationship and the relationship with her father (who is a respected detective with the police department) is nothing like the relationship with my son. He and I have a very broad court agreement but have been able to work with each other for the last 13 years without having to bring the court back into play….which demonstrates that I am a good mother and a reasonable person.
    Why is it so difficult to find information about mothers who are fighting for their children, to modify placement or custody or ensure orders are followed?
    I feel very much that the system has flipped to not a mother or child centered system but a father supported system. It's not right and thus bias can have lifelong consequences to the child.

  5. My baby mama has three baby daddies is that enough for me to get custody because obviously homegirls is unfit to even watch her first two kids

  6. What about father custody i suppose to share 50 50 custody with their mom and she doesn't help or see them only once month ..also because of them i miss couple days of work and got fired what should I do now

  7. This is a hopeful, ‘keep faith’ promotion to bolster lawyers significance.

    Self rep yourself with partial assistance of a lawyer to avoid mistakes (law is not real life rationality) to save money. Don’t blow it all on legal fees, it’s a long uphill road to pace yourself for.

    Weed out propaganda like this.

    – Father of twin girls fighting for custody for over four years.

  8. My pathological liar of an ex husband is a conman (fact) he Seems to get whatever he wants! Domestic abuse made no difference what so ever. He even pushed another daughter he has to someone else to suicide. Made no difference this guy is a smooth operator. I didn’t get pictures etc I wish I had.

  9. Yes, you mention the same line I heard 25 years ago while in court. That it is in the best interest of the child. No, it is not and is only used as justification to give the mother custody in most cases.
    And lets not forget that if you end up in court its because one of the parents is trying to get most custody and the obvious, money. Then the false accusations. If a mother wants, you do not stand a chance. Reality is something different than that of what people try to say to the public to make it sound like they care. That the system has changed and is even close to putting the children first.

  10. Unmarried fathers have 0 rights to their children. Unmarried mothers automatically have sole custody. The myth that exists is that there is no bias.

  11. As a single parent to a disabled child in the UK I've yet to find anywhere that respects the rights of the father.

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  13. Being taken to court against your will, being treated as a criminal, the 14th amendment means nothing in there, your stripped of your rights, being looked at as a check, lose a day of work, modern day enslavement and being extorted, if it’s about the kid why does it have to be about money? Kids are BIG business and the real money makers, the state gets a bit of the guys money, it’s a woman’s world in there, family court kills men

  14. Does this equine retaining a lawyer? Does the cost of a lawyer offset whatever you might be awarded as child support?

  15. this lady is not right she a step sister and she lieing and i never got served at the correct address when i gave them my address and their lawyer they were just saying give them any address they are braking the law but i have to come up with 25000 bucks 🤔 but i will get the money they think no matter what we don't deserve out kid back because we are in recovery and always will be a recovery addicts but we are clean and will stay clean we are the nicest people u will meet like everyone says

  16. i need a lawyer ok i am 3 years sober and got my business back and doing amazing and my child yes has blond hair blue eyes white because of his dad but i am native and white he has a tribe they are trying to get around that and they lied saying he was not and she been PROVEN in court that her other brother kids said she crazy but i am in Alaska and hes in Washington? what do i do

  17. My son has been court ordered into the house of a Megan's law tier 3 offender who is not a relative, how to proceed ?

  18. I'm scared cuz I'm in high conflict divorce and custody battle abuse and pathological liar in court.

  19. Thank You, it's nice to have a refresher to focus. I'm doing it myself, so it helps you volunteer your time like this.

  20. Men it is the state's child and children which are legal fictions on paper only, but they are your living property or offspring. Judges and lawyers speak blacks law only to one another. To us to the general public to the police and to all non bar member court employees they speak websters. Your remedy is on the lawful side, not the public side.

  21. Title 4d folks look it up….courts csnt touch you if you dont establish paternity and if you did you can avoid that out if they did not tell you the consequences of establishing paternity if you already sign the forms excetera excetera well they also have to tell you the consequences of signing the child support forms if they don't your order is void and you can sue them for due process if you are threatened in court because you're not paying child support sue them for duress look up the Fourth Amendment 45 CFR also and let's not forget the most importantly title 4D

  22. Short Version: If your a man you're screwed. She took your house and now your kids. Don't get married men.

  23. I hate how if you’re the child who is under 16, you don’t get to represent your OWN needs and wants in court. It’s somebody who doesn’t even know you who does it for you!!
    Gosh!

  24. I wanted to stop by and sincerely thank you for the videos you have posted. I made the choice to represent myself in my custody case. Your videos helped me so much. There was definitely more studying and law reading in addition, but the starting points were so incredibly helpful. I successfully won my case with the referee and again with the appeals court when my ex and his lawyer objected to the recommendation. For anyone reading my comment, I sincerely do NOT advise representing yourself, but if you do, read, read, read and when you think your done, read some more.

  25. that was and is a great video!! thank you very much for making it…i am preparing for my trial that is in 3 months!!!(: will watch this video many more times

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