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Fathers’ Rights – Do Mothers Have More Parental Rights Than Fathers?


The issue of fathers’ rights is a hotly debated topic in our country. The stereotypical roles of the mother being the nurturing parent, taking care of the children while the father goes to work, and being the parent who is responsible for the majority of the care and upbringing of the children are fading away. The changing attitudes of our society and the changing roles for both women and men have played a significant role in disintegrating the “maternal preference” and supporting the issue of fathers’ rights in custody cases.

Fathers’ Rights in Custody Cases

Many years ago, most judges adopted the “tender years doctrine” which stated that a young child should always reside with the mother in a divorce situation barring any evidence that this would be detrimental to the child. In other words, the mother was best suited to care for and raise young children. Some judges considered the “tender years” to be under the age of five or seven while other judges believed that the “tender years” extended until the child was thirteen.

Today, our custody laws and case law have adapted to reflect the changing attitudes and social norms with regard to fathers’ rights. Courts and lawmakers now recognize that the issue of fathers’ rights is one that must be addressed. A father has a right to play an active role in the upbringing and care of his child. Barring a valid reason to the contrary, it is also in the child’s best interest for the father to remain an active participant in the child’s life. Children benefit from having the emotional and physical support of a father much more than simply having the financial support of a father.

Therefore, North Carolina custody laws recognize fathers’ rights by making custody issues gender-neutral. There is no favoritism shown toward the mother or the father in custody issues. Judges consider several factors when deciding custody issues but none of those factors state that one parent will be given priority over the other parent based solely on gender. The child’s best interest is the overriding factor in all elements of a child custody case.

Contact a Fathers’ Rights Attorney

Even though custody laws in North Carolina are gender-neutral, fathers still have an uphill battle fighting for custody. Society has not completely embraced the fact that a father can be as nurturing as a mother can be and a father can be an equal, or even better, caregiver as a mother. Our attorneys understand these issues. We want to help ensure that your fathers’ rights are protected and that you continue to play an active role in your child’s life.

Contact an Experienced Jacksonville Custody Rights Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going on with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459  or contact us online today for a free case evaluation.