Thomas Law Office, PLC
How Can Fathers Protect Their Rights In Divorce And Custody Matters?
What Are The Best/worst Ways A Father Can Protect His Rights?
One of the best things a father can do to protect his rights is to try to be reasonable with the other parent. If she cheated on him and he is upset over that, and rightfully so, he nevertheless should not let those emotions affect how he interacts with the child’s mother to discuss a parenting plan. If he gets verbally aggressive with her, she can accuse him of harassing her. She could also ratchet up her language and they could end up having countless, unproductive arguments that will only decrease their mutual desire to co-parent the child or children they have in common.
When insulted by a cheating spouse, it is hard to bite one’s tongue. But it must be done. People are advised to keep their eye on the “long game” in such situations. They need to keep in mind that they will have to deal with this person for many years to come, because they are both parents of the same child.
Then there are some women who are so difficult to deal with that the father will never have any success in dealing with her even if he always caves in and gives her what she wants. With these mothers who have borderline personality disorder, or are narcissistic or psychopathic, the only thing they understand is power. That means forcing them in front of a judge and getting court orders that hold them accountable for their bad behavior and refusal to cooperate. Toughness is the only language they understand.
These types of cases are dealt with all the time. A good attorney will know how to get inside their heads and how to expose their true behavior to the judges. These devious or cantankerous types, especially if they are of higher than average intelligence, will know how to falsely portray themselves as innocent little flowers or victims when in fact they are evil, dangerous women who enjoy drama, causing pain, and being difficult. An experienced and good attorney like Ronald Thomas has dealt a number of such cases and he genuinely enjoys exposing them in the courtroom.
Another way a father can best protect his rights is to file a paternity or custody case to have an actual, enforceable court document. Without that, he is at the mercy of the child’s mother. There are many other things a father can do to protect his rights, which a good attorney can help you with.
One of the worst things a father can do when trying to protect his rights is to engage in loud arguments, name-calling, threats, and other behavior that could look very bad if exposed in the courtroom. Fathers need to be aware that the other parent may be recording them if they use profanity, threats, or other behaviors to try to get their way.
In Arizona, a person is permitted to record conversations as long as they are participating in those conversations. However, there are exceptions so it is important to get legal advice before you begin recording anyone. Sometimes, fathers are advised to record conversations by their attorney. One thing that a person can do if he suspects the other parent is going to try the despicable tactic of falsely accusing him of abuse is to record all conversations that he participates in with that other parent. Of course, he should first obtain legal advice to make sure that he should be doing this in his particular situation.
There are exceptions to every rule. There are some situations where the client is advised NOT to record the other parent. Another thing this person should do is verbally deny any false allegation. For example, if the other parent sends him a text accusing him of abuse, he should text her back something stating that no such abuse ever occurred.
A very important exception to denying the abuse allegation is if the police try to talk to him. If that happens, he should NOT say anything more to the police than his name and other information to verify his identity. There is a great YouTube video entitled “Don’t Talk to the Police.” Everyone should watch that video because it gives you a good understanding of all the ways you can be harmed by talking to the police even when you are completely innocent. To watch it, you simply go to YouTube and type in the search field “Don’t Talk to the Police” and you will easily find the video. Or you can go to the Thomas Law Office YouTube channel to view this, and many other, helpful videos.
Another important thing to remember is that falsely accusing someone of abuse can have severe consequences. A.R.S. 25-415 states that a court shall sanction a litigant for costs and attorney’s fees if the person knowingly presented a false claim of domestic violence. The court can then impose additional sanctions and hold the person in contempt. The court can even modify the legal decision-making or parenting time if appropriate. This is a relatively new law that is another advancement for father’s rights which the attorney may use to shut down the other side’s attacks on the client. It doesn’t always work but by using a variety of strategies and defenses, the odds of obtaining justice increase dramatically.
If you are not sure How Father’s Rights Can Be Protected In Divorce And Custody Matters, call the Thomas Law Office, PLC for a consultation and get the information and legal answers you’re seeking.