CONTINUITY OF CARE PLAYS A HUGE ROLE IN A MAN’S RIGHT TO CUSTODY

Many people and clients ask, “What are a man’s chances of getting custody?”  This question comes from the common perception that there is a prejudice against men in custody proceedings.  I usually answer the question in two ways.  First, the question that needs to be asked, is, “What role has the man played in the raising of the children during the marriage?”  Put another way, “Has he played the role of a primary caregiver?”  I also respond by saying that custody of children is not a battle to be won or lost.   Instead, it should be viewed as development by the Court or the parties of a “parenting plan” which best suits the needs of the children and reflects the care provided by both parents.  It should be noted that a man can improve his chances of having more custody by increasing his involvement with the children after the separation.

These answers are borne out by the recent decision of Cuccia v. Cuccia, No. 2010-CA-00083-COA (Decided June 14, 2011), wherein the Court of Appeals stated:

“The Mississippi Supreme Court has shown that the stability and continuity of a child’s home environment between the time of the parents’ separation and the entry of divorce is an important consideration when determining custody. See, e.g., Jerome v. Stroud, 689 So. 2d 755, 757 (Miss. 1997); Law v. Page, 618 So. 2d 96, 102 (Miss. 1993).”

In assessing the role of Tony Cuccia in the upbringing of the children and granting him joint physical custody, the Court of Appeals observed:

“Additionally, the record also indicates that Tony took an active role in the children’s lives prior to the separation. Small examples of Tony’s involvement prior to the separation include his role as his son’s soccer coach, his role as his daughter’s “communion sponsor,” and his regular attendance at the children’s extracurricular events. It appears that Tony continues to participate in his children’s lives to the extent possible given his custodial restrictions.”