As it relates to fathers, when our firm is first contacted by a man that is either considering divorce or has just been served, our first goal is to help him understand the biggest mistakes men make in court and help him understand how he can prevent them: 

Mistake #1:  Not realizing that fathers have the right to be involved in all decisions relating to their child. For example, our Parenting Plans have standard language relating to legal custody that reads: 

Each parent shall confer with the other and consider the other’s opinion on all important matters pertaining to the minor child’s health, welfare, education, religious training, extracurricular activities and upbringing including, but not limited to the choice of day care providers, pre-schools, public, private or religious schools, course curriculum, tutoring, lessons, athletics, choice of camps, travel away from home, full or part-time employment, purchase or operation of a motor vehicle, and the like, with the view to arriving at a harmonious policy to promote the minor child’s best interests. Each parent shall have authority to inspect the child’s school, financial, legal and medical records and to confer with physicians, teachers, school personnel, counselors and psychologists regarding the minor child. Additionally, each parent shall provide to the other ample prior notice of all conferences with the child’s teachers, school personnel, counselors, psychologists and physicians regarding the minor child. Each party shall have the right to participate in all school and extracurricular events and activities of the minor child which are open to parents, including, but not limited to sports, scouts, camp, music and arts, and the like, and each parent shall provide the other reasonable notice of same. The parents shall cooperate with each other in notifying the school or activity authorities in which the minor child is enrolled, to list both parties as the father and mother of the minor child and further authorizing them to release any and all information, documents, records, reports, awards, grades, evaluations and bulletins to both parents regarding the minor child. 

Mistake #2:  Failing to respond.  Men commonly fail to respond to legal actions. They simply don’t do anything at all. They rationalize that their spouse will likely drop the action or they will be able to work out an agreement outside the court. The reality is that women almost always follow through with divorce. In some states, research indicates that forty percent of all divorce judgments are by default. Failing to respond to a divorce action will result in a default judgment being entered against you. This means that everything your spouse has requested in their complaint will be granted. The court can even make additional orders it deems necessary and proper. In many cases, if you fail to respond, you may lose certain rights related to your case forever. 

Mistake #3:  Not complying or performing under the terms in the agreement. The message is simple. Don’t sign an agreement you don’t like it. If, after having been properly advised, you like the agreement being offered, sign it. But if you are not comfortable with the offer of settlement, don’t sign it. More importantly, don’t sign anything that you do not intend to perform. The court has little patience with those who don’t perform orders. Non-compliance with court orders can severely prejudice your case and can even result in a Complaint for Contempt in which steep fines, or even jail time, can be imposed. 

Mistake #4:  Giving up.  Our attorneys have earned a reputation for zealous advocacy on behalf of our clients.  Patience is a great virtue in court. We will make sure that your side gets heard and your evidence is presented. Your involvement in the case is not limited to just the present hearing or most recent filing. Never get discouraged and just give up. 

No matter what stage you are at in the divorce process, the lawyers at The Massachusetts Family Law Group have earned the reputation as zealous advocates for their clients’ legal matters. 

Between our offices in Plymouth and on Cape Cod, we cover all the towns and cities in Plymouth, Bristol, Barnstable, Dukes and Nantucket counties and gladly offer no-obligation consultations to those seeking legal representation.  Contact us to set-up an appointment. 

We’ve reviewed, represented or even litigated family law matters in Hingham, Plymouth, Brockton, Scituate, Easton, New Bedford, Barnstable Hyannis, Falmouth, Orleans and even Martha’s Vineyard and Nantucket.  Call (800) 910-DIVORCE or contact us today.