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Father’s Rights Upheld During Celebrity Custody Battle

Kelly Rutherford has been in the news numerous times over the past couple of years, though it unfortunately has nothing to do with her performance on the screen. For three years Rutherford and her ex-husband, Daniel Giersch, have been fighting a court battle for primary custody of their children.

Giersch was deported from the United States in April 2012 due to alleged fraudulent business practices. At that time, a California Superior Court judge ruled that the two children the couple share would reside with him in France because he is currently unable to enter America.

Since that time, Rutherford claims to have “gone broke” having to travel to France to spend time with her children, and has continued to fight for her right to have them live with her in the United States. The most recent court ruling in early April 2015, however, denied her request.

Gender Bias Coming to an End

In the 20th century, the majority of states would provide primary custody of the children to the mother, particularly during the “tender years” (five years and below). Today, however, we at Fischer & Van Thiel have helped a growing number of fathers in this country be awarded primary custody of their children.

What Is Taken into Account When Determining Custody?

Courts take a number of factors into account to determine which place of residence serves the best interests of a child:

  • The gender of the child
  • The mental and physical health of the child
  • The mental and physical health of the parent
  • The lifestyle of the parent (including whether the parent smokes, is abusive, etc.)
  • The parent’s ability to provide the child with the basic necessities (such as food, clothing, shelter and medical care)
  • The emotional bond between a parent and child
  • The parent’s ability to provide a child proper guidance
  • The child’s preference (this is typically only taken into account when the child is around the age of 12)

The custody battlefield is now leveling as courts continue to take a more non-biased view over the parent with whom a child should reside.

If you are in the midst of a divorce or custody battle, or simply want to know more about your rights as a father, our family law attorneys at Fischer & Van Thiel are here to help.

We welcome your call to discuss your particular situation or concerns at (858) 935-6211.

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