This post is the fourth in a four part series on paternity law and men’s divorce. If you haven’t read parts 1, 2, and 3 yet, I recommend you do before continuing.
Of course, paternity law is only part of the picture when it comes to men’s and fathers’ divorce. In many cases, while paternity might not be at issue, child custody is.
Decisions regarding child custody are made according to the best interests of the child principle. As we discussed earlier in the paternity section, the court presumes that a relationship with both biological parents in the best interest of every child.
However, it is best to be able to demonstrate clearly to the court that your presence is in the child’s best interest. One of the best ways for a father to do this is to stay as involved as possible in their child’s day-to-day life. Not only is this better for the parent-child relationship, but it shows the court how important the father’s presence is, and how disruptive it would be to remove that.
For this reason, it is best from a custody standpoint if the presence of the father is uninterrupted, or interrupted for as little time as possible, even through the divorce proceedings. If you’re a father going through divorce and you’ve been separated from your children, the best strategy is typically to get your case into court as quickly as possible and get you back in your children’s lives.
Spousal support, also known as alimony, consists of payments from one ex-spouse to another. For a long time in the US, the stereotype was that men generally pay more alimony more frequently than women, and rarely receive it. However, there has been in increasing trend in men receiving alimony in recent years, and much of the old stigma surrounding it has disappeared.
It’s important to remember that alimony is designed to be rehabilitative, to be a temporary helping hand. It’s not punitive, and there’s no reason to be too proud to pursue it if you need it.
PJ Hartman works to ensure all her clients get the fair, just treatment they deserve, while resolving family law issues with compassion, integrity, and civility.
If you’re facing a family law dispute, contact a caring, experienced, and certified family law lawyer.
Ready to set up an appointment? Want to learn more about men’s divorce in New Mexico? Use the Contact Page or call the office at 505-247-3335.