Family Courts Confront the Rise of Stay-at-Home Dads

A Pew Research study found that the number of stay-at-home dads in the United States roughly doubled over the past thirty years. This reflects changing social norms when it comes to gender and parental roles. But, stay-at-home dads can still struggle against traditional gender biases, especially when going through a divorce. Men have traditionally been seen as breadwinners, and women as caretakers, and each of these views can prejudice men going through a divorce. However, whether it comes to child custody, alimony, or property divisions, men have the same legal rights as women.

When it comes to child custody, the controlling factor is "the best interest of the child." The gender of each parent shouldn't be irrelevant. Therefore, if a stay-at-home dad has invested time raising children and acting as a caretaker, a court should respect and protect that relationship in the interest of the children.

Men also have the same right to receive child support and alimony, and to have property divided equitably. Stay-at-home dads must overcome the traditional cultural bias that views men as breadwinners. But, by properly asserting their rights, stay-at-home dads can attain fairness in a divorce. After all, most judges want to do the right thing.

Ultimately, although some judicial biases may linger, the law makes no distinction between a stay-at-home dad and a stay-at-home mom in a divorce. An experienced divorce attorney can help stay-at-home dads gain fair treatment by carefully and thoroughly presenting the case in court. If you would like more information about this issue contact us.