Although fathers can face a number of legal issues related to child custody, visitation and support, the American Bar Association reports that most parents reach agreement on custody before going to court. In fact, statistics show that judges decide fewer than 5 percent of custody cases. An attorney who has experience in visitation and child custody issues can explain to you, as the father, the parental rights to which you are legally entitled.
Right to Joint Physical Custody
A father has a right to share physical custody of a child. Physical custody allows for a child to live most of the time with one parent. The laws of most states say that mothers and fathers have an equal right to custody of a child, according to the American Bar Association. When custody issues reach the courts, the role of the court is to determine what is in a child's best interest. Even in cases in which joint physical custody is awarded to parents, a child can live most of the time with one parent and yet spend a significant amount of quality time with the other parent. If your child's principal residence is that of your former wife or partner, you still have the right to spend as much time as possible with your child. The court may consider factors such as a child's current school district, involvement in community and extracurricular activities, and sometimes the child's own wishes in making the determination regarding physical custody.
Right to Shared Legal Custody
A father has a right to seek joint legal custody of a child. Legal custody gives a parent the right to have a voice in how a child is raised and usually involves issues such as health care, education and religion. Shared legal custody gives both parents equal say in the major issues that affect a child's life. Parenting plans and court orders require that parents interact frequently with each other so that both parents can continue to play an active role in a child's life. Fathers who have joint legal custody of a child share the responsibility for child care even after separating from or divorcing the other parent. Not only do you have the right to be included in key decisions affecting your child's life, but you also have the right to information about your child, relating to school records and medical care.
Right of Visitation
A noncustodial father is entitled to a reasonable visitation arrangement. You and the child's mother have the option of cooperatively working out visitation of minor children in the form of a parenting plan. The parenting plan is then acknowledged by the court. If you and she cannot agree on a plan, the court will step in and establish visitation rights. Nonetheless, the courts prefer it if parents can work out a plan between them. Put all the details related to the terms of visitation in writing to avoid potential problems in the future. Once visitation rights are established, make it a point not to miss any scheduled visits and arrive for visits on time, as your children will need this consistency.
Right to Take Legal Action
A father has the right to take legal action if the other parent interferes with scheduled visitation times, or withholds visitation altogether. Specifically, you have the right to petition the court to hold your child's mother in contempt. In addition, have your attorney seek court enforcement of the order of visitation. If necessary, take legal action as quickly as possible to show that you are concerned about not being allowed to see your children. Legal advisers for Online Lawyer Source also recommend that if you find out that the primary custodial parent plans to move out of state with your children, talk to your attorney about getting a restraining order to keep her from moving. In such an instance, the other parent would need a written consent from the court before being allowed to relocate. To avoid these kinds of situations, family law attorneys generally suggest that couples include stipulations regarding the possibility of a future move in their separation or divorce agreement.
