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Nov 18, 2009 9:28 pm US/Central
Divorcing Dads Seeing Bigger Role In Custody Cases
Melissa Newton
FORT WORTH (CBS 11 / TXA 21) ―
With about half of all marriages ending in divorce, many parents are left fighting for custody of their children.
Years ago, the courts almost always sided with the mother, but that dynamic is changing.
Rob Kuehne is a single father of two. When his first marriage ended in divorce, he didn't think custody was an option.
"I was the every other weekend dad, two days out of 14 days." Kuehne said. "I didn't get to really participate in the day to day things, making sure he did his homework and his chores."
It's a regret he didn't want to live with the second time around.
When Kuehne and his second wife split up, he decided to fight for custody of his youngest son Mason, who is seven.
"You can't measure the value of getting to be in my son's life," he said. "It's priceless."
While Mason splits his time equally between homes, the judge designated Kuehne's household as the boy's primary residence.
It's an outcome that's becoming more common, divorce attorney Kelly Burris said. "There is still a leaning in the court system," said Burris, who works for Cordell & Cordell, a law firm that primarily represents men during divorce. "I think it is much more fair and equitable to dads than it used to be."
In the past, courts would typically side with the mother, but as more women are pursuing careers, the "traditional" family dynamic is shifting, according to family law experts.
"You have a lot more mom's that work and dads that stay home," said Burris.
"Mason's mom worked, and had a very good career, she still does, and I had a good career" Kuehne said. "We were both trying to balance strong careers along with having a small baby at home."
As men are taking a more hands-on role in parenting, experts say the courts are taking notice.
The Tarrant County Family Court Services director, Janet Denton said there is a definite trend toward "shared schedules," where parents split time with the child equally, as more fathers seek custody.
Recent studies conducted by Arizona State University have shown that it can actually be healthier for the child than living solely with one parent.
"If they really were primary or equally involved during the marriage, than they have a really good chance of getting either 50/50 or primary in trial or settlement," Burris said.
"I was involved, and it wasn't just a dad stepping up to the plate during a divorce," said Kuehne, "It was a sincere love for my son.
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