Bias In The Court Room
A lot of dads out there feel like they won’t win their case because the courts tend to favor the mothers of the children involved in the legal matter over the fathers. This feeling of defeat before the case has even begun or is seen by the judge can be a crushing feeling and prevents a lot of parents from moving forward with their case to get custody or visitation of their kids. The truth of the matter is that timing is big factor in the outcome of these cases, as well as the information provided to the judge. The ruling in your case should have nothing to do with what gender you are but if you feel like the odds are stacked against you, here are a couple ideas that might point you in the right direction.
- The Right Stuff. The bottom line in any family court case is that the information you provide in your documents is what really determines the outcome of your case. The legal system is set up to be impartial; meaning that no bias should be present in the court room, nothing should influence the case except the facts present. That being said, what you have written down is extremely important. If you’re asking for full custody of your children, take a look at the argument you’re going to court with before you start the process. It’s kind of like looking at a painting. If you’re right up close to it, it just looks like a bunch of colors. Once you step back however, it takes on a form and you see the bigger picture. Your argument in the court room can be similar to this phenomenon. It’s easy to lose sight of the big picture when you’re nose is touching the page. If you’re argument doesn’t make sense to you, it’s not going to make sense to the judge. Make this a priority.
- The Goldilocks Effect. The timing you employ in your case can be a crucial factor; it needs to be just right in some cases for the outcome to be in your favor. For example, getting custody of a child that is still an infant can be difficult for a father to obtain; evidence that the mother is not fit to care for the child need to be present in order for a judge to take the baby away from the mother. Obviously separating any child from one parent or the other is a last resort but if you’re a mother or a father trying to do this, you have to have a good reason. This is typically where this feeling of biased courts comes from. A father is going to have a much harder time getting full custody of a child that is still nursing than a mother who is actually doing the nursing of the child. If you’re a mother trying to get full custody of your child because you believe the father is unstable, cannot financially take care of the baby or one of many other reasons, acting sooner rather than later could be your saving grace.
If there is evidence of legitimate bias in the court room it’s important to try and do whatever you can to get around it. This could mean requesting a change in venue, changing who is presiding over your case or even filing a complaint with the district attorney. It’s unfortunate that this occurs in the court system but it’s important to have your case properly looked at by someone who will not include their own bias and personal opinion on the matter. If you feel that you need to do something about a situation like this, inquire within the local legal community to see if there are any options available to you. The United States has an impartial system set up for a reason. Know your rights and how to enforce them before you become a victim of court room bias.
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- Information On Parental Rights And What You Can or Cannot Do In Family Court (aboutthechildrenblog.com)
- How To Get Joint Custody Of Your Child In Family Law (aboutthechildrenblog.com)