Despite some minor variations in the law from one state to another, the child custody rights for fathers are similar in all jurisdictions in the United States, according to the American Bar Association Section of Family Law. These rights include the father's ability to obtain, enforce and alter a custodial order pertaining to his child or children.
Right to Seek Custody
The fundamental rights of a father in a divorce, legal separation or paternity proceeding include the right to seek custody in the first instance, according to Cornell University School of Law. A father possesses an equal right to seek and obtain custody of a minor child as does a mother. Gender equality exists in all jurisdictions in the United States when it comes to the right of parents to attempt to obtain custody of a child.
Right to Enforce Custody
A father granted legal or physical custody or both is vested with the right to seek enforcement of a custody order. A common breach of a father's custody interests occurs when a mother fails to return a child following a scheduled visitation. The right to enforcement permits a father the ability to seek judicial assistance from the court. Enforcement of the right to custody involves the filing of a motion with the court. The court can sanction a mother who interferes with a father's custody rights in a number of ways. For example, a court can hold the mother in contempt and can even go so far as to suspend her visitation with the child.
Right to Change Custody
A father not awarded custody of a child during divorce, legal separation or paternity proceedings does have the right to seek a change of custody at a later date under certain circumstances, according to the American Bar Association Section of Family Law. A father must demonstrate that a material change of circumstances occurred, an alteration of the custodial situation so significant the mother should be stripped of her custodial rights. An example of such a material change is one in which the custodial parent develops an addiction to mind-altering substances.
Right to Legal Representation
One of the rights a father possesses is the ability to retain legal representation to establish, enforce or alter a custody order. Local and state bar organizations generally maintain directories of attorneys who specialize in different areas of the law. Contact information for these groups is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
