Should father's be granted equal access to their children in the event of a divorce?

Question

My brother's ex-wife gave birth to their son eight months ago. In that time she has only allowed him to see his son once. He has always provided child support but she has still denied him access out of spite.
Yesterday he had a court hearing and the judge decided that my brother should be allowed to see his son at a contact centre for one hour every two weeks with his ex-wife present.
Is this a fair judgement?
I now fully understand why 'Fathers 4 Justice' do what they do because at present they are severely let down by the justice system.

To ****B all he did was ask her for a divorce because their marriage had broken down and they was no way he could continue living with her.
He is not a criminal or a violent person.

My brother is deaf mute. The judge felt that becuase he had only seen his son once it would be cruel to the child to stay with my brother for the weekends as his son would not recognise him.
But how is my brother supposed to build a relationship with his son based on one hour every two weeks?

Answer 1

The world is under this presumption that children don't need there father. I am not in the belief. Most often they need both parents. Your brother needs to make sure to keep paying child support and make sure that he is at every appointment to see his son. He needs to keep a diary about their visit. Only talk to the ex about his child. Document (write down) when she shows and does not show and the reasons in the dairy. Then he can go back to court an petition to get a better visitation. Just encourage him to see his child.

Answer 2

I've got the feeling that you have some of the facts missing, depending on the state, to have visitations in court appointed area, there is much more to the story. Paying child support; doesn't have anything to do with visitations. CHILD SUPPORT IS MANDATORY!!Typically, visitation schedules are decided upon, by the parents and approved by the judicial system. When the parents can not come to an agreement or the welfare of the child is in question, the court steps in and in most case renders the best schedule for the child. The child's mother has defied a court order, and she can be dealt with if your brother wishes to do so.

Answer 3

Does your brother have a history of drug abuse or domestic violence? A judge usually makes such a determination based on the level of safety for the child..The child is the most important consideration for the courts. Perhaps the judge does not feel your brother is a responsible enough parent to care for the child without being supervised. Since I do not know ALL the details, I can only speculate.

Answer 4

Child support has absolutely nothing to do with visitation. Regardless of what either parent says. It's the law, period. A child should have equal access to each parent. Sadly, when one parent chooses to use the child to get back at the other parent, the child ultimately suffers. It is my belief that the judgement the Judge gave was not a good one indeed, but at least your brother has the oppurtunity to see his son and the chance to prove himself. This will only end up in his favor when he goes back to court. Tell him to keep paying his child support and keep his chin up. It's really sad in these situations though. My kids dad has had nothing to do with them going on 6 years now. I wish your brother the best!

Answer 5

I would say yes as a general answer, however I think each case should be reviewed. I also think fathers get a raw deal when it comes to child support. I personally know one guy who has to pay his ex $800.00 a month in support. His ex went out and bought a house with a $600.00 a month mortgage and a new car. Her yearly income about $31,00.00 a year. This poor guy figures he'll still have to pay for the kids college. Where did the $800.00 go?

Answer 6

Past trends in our family court system is to award custody to the mother unless evidence is provided to support otherwise. Lately, thanks to the organization you mentioned, this sexist attitude is beginning to fade and fathers are beginning to be taken more seriously as parental role models that are capable of raising children as easily as women are.

The old trend probably stemmed from stay-at-home moms which were better suited to raise children, being able to dedicate more time to the task. However, women are more prevelant in the work place now so this analogy is a bit antiquated.

Answer 7

it sounds like your brother is a good guy and yes that is wrong the judge has allowed that those conditions. only evil men or women like my soon to be ex should have supervised visitation. tell your brother not to give up on seeing his son. his son does need him for sure.

Answer 8

I think the question shouldn't be narrowed to Fathers. The real question is "Should a PARENT be granted equal access to their children in the event of a divorce?"

When asked this way, I think the answer is pretty clear!

Answer 9

I say that Fathers should have rights too. If he is not allowed the see the children, he should not have to pay support. That would make the mother let the father see the children.

Answer 10

That sucks...He should absolutely be granted access to the child. He needs to get an appeal to the judgment. Then sue the X-wife for as much as he legally can.