Six fathers are taking on the state of New Jersey because they believe that their constitutional rights have been violated. The men are claiming that they lost custody of their children without a full hearing, having only been accused of actions or crimes that would make them unfit parents. While the fathers eventually got the hearings for their crimes, said hearings occurred well after they were denied custody, months or even years in some cases.
You have probably heard the phrase "best interests of the child" before, especially if you have ever dealt with matters of child custody. This is the standard determinate by which courts usually decide the custody agreement, including in Texas whether or not the parents enter a joint managing conservatorship or a sole managing conservatorship. However, some parents take issue with this method, since judges determine what they think is best for the child, many feel that the courts have too much discretion to do whatever they want.
While this case is happening in New Jersey, it is still important to be aware of such goings on, as similar issues could befall Texas residents. Nobody wants to be told that they cannot be part of their child?s life anymore, and the courts are aware of that. Despite what some people may feel, the judge is not out to get them, and they do make the best decision they can with the evidence they are presented.
This is why it is important to contact an attorney when you are going through a custody dispute, especially if you are a father who fears you will face discrimination when it comes to custody matters. Consulting with a legal professional can ensure that you present all of the evidence you need in order to get the custody arrangement you deserve.
Source: NJ.com, "Fathers claim N.J. family court judges violated their constitutional rights," Brent Johnson, Feb. 5, 2015