The laws in all 50 U.S. states establish the rights of a father during the course of a marriage. These statutes additional delineate the rights of a father during and after divorce proceedings as well. In any of these three situations, a father possesses the ability to seek enforcement of his rights through the court in the county where his child resides.
During Marriage
During the course of a marriage, a father possesses equal rights with the mother to make decisions on behalf of the child, according to the American Bar Association Section of Family Law. Absent a finding that the father is unfit to parent, the mother lacks the legal authority to limit the father's participation from sharing in the decision making process for the child.
A father is also vested with the right to spend time with the child, to develop and maintain a meaningful relationship with her. Once again, absent a judicial finding that the father somehow is unfit, the mother lacks the legal right to interfere with a father's contact with the child.
During Divorce
A child needs to reside somewhere during divorce proceedings. In addition, a minor needs to have someone make decisions on her behalf why a divorce pends. The fact is that the life and interests of a child do not come to an end merely because her parents end up in divorce proceedings. A father has an identical right to a mother to seek and obtain temporary custody of a child during the course of divorce proceedings, according to Cornell University School of Law. A father pursues this right by filing a motion for temporary custody, as well as for temporary child support, at the commencement of divorce proceedings.
After Divorce
A father maintains the same legal right as a mother to seek and obtain custody of a child through and after divorce proceedings, according to Cornell University School of Law. This right extends to legal and physical custody. Legal custody means the father possesses the right to share in making major life decisions for his child. Physical custody means the father has the right to provide a primary residence for his child.
References
- American Bar Association: Section of Family Law
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
