As a father facing the prospect of custody litigation, you must fully understand your rights. Although some minor variations exist with regard to custody laws and procedures from one state to another, the rights of fathers remain the same no matter where you happen to reside in the United States, according to the American Bar Association Section of Family Law.
Legal Custody
In a divorce, legal separation or paternity proceeding, you possess the right to claim and seek legal custody of your child. Legal custody represents the ability to make significant decisions for your child, according to Cornell University Law School. Legal custody can be solely granted to you or shared with the other parent.
Physical Custody
Pursuant to your rights as a father, you have the ability to seek physical custody of your child. Also referred to a residential custody, physical custody is the ability to provide a home for your child, as defined by Cornell University Law School. Typically, a court will establish your residence as being the primary home for the child. However, some states also permit what is called shared custody. In that situation, both you and your former spouse possess equal physical custody rights and have the child in your respective homes 50 percent of the time.
Visitation
If you are not awarded physical custody of your child, as a father you have a right to enjoy visitation with her. Also known as parenting time, visitation ensures that your right to develop a lasting and meaningful relationship with your child is fulfilled, according to Cornell University Law School.
Enforcement
The custodial rights for fathers include the ability to seek judicial enforcement, according to Nolo. A father with custody of a child can seek a court order enforcing that right if someone interferes with the custodial arrangement. For example, if the mother fails to return the child to you following visitation, you can seek enforcement of your rights as well as sanctions against the mother. The sanctions can include suspension of visitation.
Legal Representation
Although a father has the right to represent himself in court proceedings associated with custody, taking such a stance is not always advisable. Due to the complexity of custody laws, and the inherent emotional nature of these proceedings, retaining an attorney often is the wise and advisable course. The American Bar Association provides consumers with listings of local bar associations that maintain attorney reference resources:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
