As a father, you possess specific rights when it comes to visitation with your children following a divorce, legal separation or paternity case. Although these rights vary slightly from one state to another, the laws associated with a father's visitation rights largely are the same in all jurisdictions in the United States.
Function
The primary function of a father's visitation rights is to ensure that a man and his child develop and maintain a meaningful relationship even when they do not reside in the same home, according to the American Bar Association Section of Family Law. A divorce or legal separation should not prevent this type of relationship to develop.
Parenting Time Principle
Most states adopted what is known as the parenting time principle when it comes to a father's visitation rights. Indeed, the same standard applies to mother's visitation rights as well. The parenting time principle maintains that a non-custodial parent is entitled to be more than a mere visitor in the life of his child. Therefore, the time a father spends with his child should be regular and reasonable under the specific circumstances of a particular case, according to the Legal Assistance Resource Center.
Time Frame
A typical visitation time frame or parenting time schedule includes time spent between the father and child during the week, perhaps even an overnight session. An extended parenting time occurs over the weekend, or every other weekend. The non-custodial father enjoys visitation with the child on alternating holidays. Finally, the non-custodial father is granted extended parenting time during summertime.
Other Contact
When the father is not enjoying actual parenting time or visitation with his child, he is entitled to appropriate contact via the telephone and Internet, according to the American Bar Association Section of Family LAw. For example, some visitation orders include specifically scheduled times for phone calls as well as cyber-visitation sessions.
Enforcement
Facing an interference with his visitation or parenting time rights, a father is able to seek judicial enforcement of the existing order of the court, as discussed at Just4Dads.org. The court can impose a variety of sanctions when a custodial parent interferes with a father's visitation rights, including monetary penalties and even a change of custody.
Expert Assistance
Visitation issues represent complex and emotional legal matters. Therefore, if you find yourself involved in such a case, consider seriously retaining the services of an experienced lawyer. State and local bar associations maintain directories of attorneys in different practice areas, including family law. Contact information for these groups is available through the American Bar Association at:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
