A father involved in a divorce or legal separation proceeding possesses a specific set of rights relating to his minor children, according to Nolo. Although the statutes governing custody, visitation and support issues vary somewhat from one U.S. jurisdiction to another, the rights of a father largely are the same across the country.
Child Custody
A primary right of a father in a divorce or legal separation proceeding is to seek child custody, according to "Child Custody A to Z " by Guy J. White. A father can seek legal custody, physical custody, or both. Legal custody represents the ability of a father to make important decisions for his child. These include decisions relating to health care, education and religion. A father can also attempt to obtain physical custody. Physical custody represents the right of a father to provide a home for his child.
Parenting Time or Visitation
A father not awarded physical custody of a child possesses the right to parenting time or visitation, according to Cornell University Law School. Parenting time or visitation is designed to ensure that a father develops or maintains a meaningful relationship with his son or daughter. Under the parenting time theory, used in most states, a father is entitled to spend enough time with his child to ensure that he is not a mere visitor in the life of his child.
Child Support
A father awarded custody of his child is entitled to receive child support payments for the benefit of that son or daughter from his former wife, according to "Child Custody A to Z." The same standards that apply to a mother receiving child support apply to a father with custody. All states establish child support guidelines for use in calculating precisely the amount of financial support is to be provided by the noncustodial mother to the custodial father.
References
- Nolo: Child Custody FAQ
- "Child Custody A to Z "; Guy J. White; 2005
- Cornell University Law School: Child Custody Overview
