Despite some minor variations from one state to another, custody laws in the United States largely are the same, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Custodial fathers possess certain rights associated with being designated the primary caretaker of a child in a divorce, legal separation or paternity case.
Types
The rights a father possesses depends upon the type of custody a court awards him, according to the American Bar Association Family Law Section. A father given sole legal custody is vested with the right to make all major decisions on behalf of his child without consulting with the other parent. Joint legal custody, on the other hand, grants the father the right to make decisions regarding the child together with the other parent. If granted physical custody of a child, the father has the right and companion obligation to maintain a proper primary residence for that minor.
Misconceptions
The most common misconceptions associated with a father's rights center on a situation in which a father is granted sole custody by the court. An incorrect assumption is that a father's rights in regard to the child are absolute, that he can even move the child out of the jurisdiction of the court if he desires. In fact, the laws of all states place limitations on the extent of authority a parent possesses, even with sole custody. A parent cannot move out of the jurisdiction of the court without the judge's approval or consent of the other parent.
Considerations
Fathers maintain the same rights as mothers to seek custody of a minor child in the first instance in divorce, legal separation and paternity cases in the United States, according to the American Bar Association. The concept that mothers should be granted preferential consideration in regard to custody officially was abandoned in all jurisdictions in the latter part of the 20th century, according to the American Bar Association Section of Family Law.
Enforcement
A custodial father is vested with the right to enforce custody. If the other parent elects to interfere with the father's custodial rights in any manner, the father can seek a court order protecting his interests. Depending on the nature and extent of the interference with the father's custody rights, he can seek to have the mother's visitation suspended or to have her held in contempt of court.
Expert Assistance
Issues surrounding custody represent some of the most emotionally challenging and legally complex matters in all of family law. Therefore, if you are a father facing custody-related issues, consider engaging the services of an experienced attorney to represent your interests. State and local bar associations maintain directories of attorneys in different practice areas, including all aspects of family law. Contact information for these organizations is available through the American Bar Association at:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
