Although limitations exist on a non-custodial father's legal relationship with his child, he nonetheless possesses a range of rights supported by order of the court in a divorce, legal separation or paternity case. Despite some minor deviations, the rights of non-custodial fathers from one state to another in the U.S. substantially are the same.
Function
The underlying function of all rights of a non-custodial father is to ensure that he maintains the ability to develop and maintain a meaningful relationship with his child, according to the American Bar Association Section of Family Law. Ensuring these rights involves developing and maintaining regular contact between the father and the child.
Misconceptions
The most common misconception associated with a situation in which a father lacks custody of a child is that he lacks any real rights in regard to that relationship. The misconception arises from the belief that vesting the mother with legal and physical custody of a child eliminates all other rights that exist in a divorce, legal separation or paternity case, according to the American Bar Association Section of Family Law.
Visitation or Parenting Time
A primary right of a non-custodial father is that of visitation or parenting time. Most states have adopted the concept of parenting time, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Parenting time is based on the premise that a father possesses the right to be more than a visitor in the life if his child. The father is entitled to reasonable and regular parenting time. A typical schedule includes a parenting time session during the week, longer time over the weekend, alternating holidays with the mother and extended parenting time during the summertime.
Information And Notification
Although a non-custodial father by definition lacks authority to make major decisions on behalf of the child, he nevertheless is entitled to information and notification regarding major issues concerning the minor, according to the American Bar Association Section of Family Law. These issues include but are not limited to religion, health care and education.
Legal Enforcement
The non-custodial father's rights include seeking judicial enforcement. In other words, if your rights as a non-custodial father are violated, you can seek a court order enforcing those rights and sanctioning the person who violates those interests. A typical situation in which a non-custodial father's rights are violated involves a mother interfering with his scheduled parenting time.
Legal Representation
Establishing and protecting your rights as a father can involve complicated laws and procedures. Facing a case involving your rights as a non-custodial parent necessitates a consideration about retaining an attorney. Odds are that your rights will be best protected with an attorney at your side. The local and state bar associations in your area maintain directories of attorneys in different practice areas. Contact information for these organizations is available directly from the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
References
- Law Info: Father's Rights FAQs
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
