A father's rights in custody cases are established in the family law provisions of state statutes across the country. These laws are designed to delineate a father's rights to seek and obtain child custody, as well as to establish visitation or parenting time if he is not designated as the primary custodian of a minor. Additionally, these laws set forth a father's rights to enforce an existing order granting him custody of a minor child.
Equal Rights
A basic right enjoyed by a father during custody litigation is an equal opportunity to be designated as the primary decision maker and caretaker for a minor child, according to the American Bar Association Section of Family Law. A presumption in favor of the mother in regard to custody issues is not an element of the law in any state in the country.
Visitation or Parenting Time Rights
Should a father not be awarded primary residential custody of a child, he possesses the right to visitation or parenting time, according to Cornell University School of Law. Indeed, an ever increasing number of states adopted the concept of parenting time rather than visitation. Parenting time is based on the premise that a non-custodial parent--in this case, a father--possesses a right to develop a meaningful relationship with his child, to occupy a position beyond that of a mere visitor in the life of his child.
Enforcement Rights
Sadly, a father's custodial and parenting time rights are not honored in all cases. Facing a situation in which his ex-wife interferes with a father's custody rights, he can seek judicial enforcement from the court that issued the custody order in the first instance. Enforcement can include everything from ordering the ex-wife to honor the standing order of the court to a contempt finding against her to a suspension of her visitation rights until there is a guarantee that she will comply with the custody order.
Professional Representation Rights
A father possesses the right to obtain legal representation in a case involving custody issues. Child custody cases tend to be among the most legally complicated and emotionally challenging of all judicial proceedings. Therefore, a father's enjoys a better protection of his custody rights through legal representation.
State and local bar associations maintain directories of lawyers in different practice areas, including family law. Contact information for these professional groups is available from the American Bar Association.
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
- Cornell University School of Law: Child Custody Overview
