All states maintain statutes, and associated court procedures, that exist both to establish but also maintain and protect the rights of a father to his child, according to the American Bar Association Section of Family Law. A father possesses the same rights with regard to his minor child that a mother does.
Functions
The functions of a father's rights with regard to his child include permitting him the ability to develop a meaningful and lasting relationship with his offspring. These rights exist whether or not the child is born during a marriage or out of wedlock. The fact that a father is not married to the mother does not negate his right enjoy a substantial relationship with his child or children.
Types
A father's rights to a child involve two separate types of issues. A father possesses an essential right to seek, obtain and maintain custody of a child, according to FindLaw. Failing to prevail in his efforts to obtain custody of a child, a father has a second tier of rights centering on obtaining appropriate visitation of parenting time with the minor.
Misconceptions
A long-standing and still prevalent misconception involves the presumption that a father's ability to obtain custody, particularly of a younger child, is secondary to that of a mother in divorce, legal separation or paternity proceedings. The fact is that as of 2010, no state maintains laws permitting gender in and of itself to be a determining factor in deciding which parent gets custody of a child, even a younger child, according to "Child Custody A to Z" by Guy J. White.
Considerations
In asserting his rights to obtain custody, a father needs to bear in mind a number of factors that enhance his chances of prevailing. For example, if the father historically was the primary caretaker of the child, or participated in tending to the needs of his son or daughter equally with the mother, his ability to gain custody greatly is enhanced. A father with a stable home life, in a residence designed to meet the needs of a child, also places himself in a far better position to prevail in a dispute over custody.
Warning
Establishing and enforcing a father's rights to his child or children requires an appropriate understanding of applicable law. The associated court procedures are often complicated matters as well. Therefore, upon finding yourself facing the need to advance or enforce your own interests with regard to your child, consider hiring a lawyer. The American Bar Association maintains a set of resources designed to assist you in finding legal representation.
References
- FindLaw: Family Law Center
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Child Custody A to Z"; Guy J. White; 2005
- American Bar Association: Section of Family Law
