The Ultimate Guide to Understanding the Father's Rights

Did you know that around 20% of all marriages end in divorce after 5 years? This percentage only continues to increase the longer a couple is married. When a couple gets divorced, there is often a very common problem at hand: the male spouse usually gets the short end of the stick.

This is especially true when it comes to fathers. The ex-wife often ends up taking the kids and only allowing the father to see them for brief periods that are few and far between. This is where father’s rights come in.

Not a lot of fathers know that they have certain rights when it comes to divorce and separation. If you don’t know what those rights are, divorce attorneys can help walk you through them. But where should you start?

Keep reading and learn more about your split custody and legal custody options below.

What You Need to Know About Father's Rights

When a child has both a mother and father, that child can blossom. But when a child only has limited access to his or her father, this can create problems in how the child develops. This is not to mention that it can be a painful thing for a father to be separated from his own child.

Many fathers think that they are doomed to hardly ever see their children once their divorce is finalized. Indeed, this is a common outcome that many fathers have to deal with after getting a divorce. However, it doesn’t always have to be this way, especially not if you hire a good lawyer who is familiar with family rights as well as the rights of fathers.

For one, you should know that mothers and fathers have the exact same legal rights. The legal system is not necessarily skewed to always favor the mother over the father. It is the very nature of legal proceedings to be as unbiased and fair as possible.

That way, only the fairest outcome will be the result. Often, the mother petitions for the custody of the child involved. However, the father can also do this.

The Details

Because the court is unbiased, there will have to be a case to decide which parent gets custody of the child. This decision will be made based on a variety of factors such as what kind of living environment the parent has, the parent’s income, and other factors that may influence the upbringing of the child.

Only a court order can come up with an immediate decision as to which parent the child should go and live with.

Otherwise, the court will have to spend some time deliberating which parent will be the best option for the child to live with. In some cases, it may be possible for the child to voice which parent he or she would like to live with. In this case, the court may take this preference into account, but not always.

The age of the child will also play a large role in this situation. But there are still other factors to consider when it comes to family law, custody options, and a father’s rights.

What Else Should You Know About Father’s Rights?

What many men do not know is that they can create a petition to alter the court’s decision to assign custody. For example, suppose the mother of the child has received custody of that child. However, then suppose that the mother begins a relationship and moves in with someone who may be a danger to that child such as a pedophile or someone who has a history of domestic violence.

In that case, the mother having custody of the child would not be in the child’s best interest as that living environment could be potentially dangerous for the child. For that reason, the father could make a petition to change the custody of the child.

Usually, the court will consider this petition and the court may even decide to change the custody of the child so that the child can live with the father as long as the father’s home environment is safer and more nurturing.

What You Need to Know

Many fathers also don’t know many of the laws behind court-ordered visitation. In many cases, if the mother has custody of the child, it is necessary to have a certain number of court-ordered visitations so that the father can visit and see his child.

Some mothers may try to prevent a father from visiting his child for one reason or another, but as long as there are court-ordered visitations in place, this will not be legal and the father can still legally visit his child.

This is true even if the father has not paid the necessary child support payments. There are also certain laws that need to be followed and respected if the father has custody of the child instead. For example, suppose the mother visits the child but then does not return the child to the father.

This is not legal and the mother may even be convicted of kidnapping a child. As you can see, there are many legal factors to consider when it comes to child custody. As long as you have a good lawyer on your side, you shouldn’t have to worry about any of them.

All About Father’s Rights

Many men don’t know much about fathers’ rights and as a result, they often end up getting the short end of the stick after divorce. But as long as you get a good lawyer, the results can be much more favorable.

To learn more about legal representation, contact us here.

Ready to Get Started?

We can help. We can guide you through the consultation process starting with a scheduled call back from a member of our law firm intake team. If you would prefer to speak directly and confidently with a divorce lawyer a paid hour consultation is also available. To arrange a meeting, contact us today.