As a father facing a custody proceeding, you undoubtedly desire to understand your basic rights. Although state laws do vary somewhat with regard to custody procedures, the standards applied by judges in these types of cases remain very similar from one jurisdiction to another across the United States, according to FindLaw.
Gender Equality
One of your primary rights is that of equality with regard to issues surrounding support, custody and visitation. A father does not face lesser rights merely because of his gender; likewise, a mother does not maintain a superior interest with regard to these matters. All states maintain laws recognizing the concept of gender equality in determining issues such as which parent wins custody of a minor child, according to "Fathers' Rights" by James J. Gross.
Custody
You possess the right to establish both legal and residential custody in your favor. Legal custody is the right that allows you to make significant decisions in the life of your child. Residential custody is the right that allows you to make a home for your child. These rights are either jointly held by both you and your spouse, singularly assigned to you, or solely held by your spouse, depending on the final custody order of the court.
Enforcement
Once a custodial plan is ordered by the court, you possess the right to enforce that decree, according to the American Bar Association Section of Family Law. For example, if you are granted primary residential custody of your child and your ex-wife routinely fails to return your child from a permitted visitation in a timely manner, you can seek assistance from the court. By filing a motion to enforce with the court, you potentially obtain an additional order from the court requiring your ex-wife to comply with the existing custody and visitation order. Indeed, depending on the circumstances, the court may suspend your ex-wife's visitation.
Changes
Another custody right you maintain is to seek a change of an existing court order. For example, if your wife currently has primary residential custody, and you believe a significant reason exists for a change of that order, you possess the right to file a motion to change custody. In order to prevail on a request to change custody, you must convince the judge that the circumstances surrounding the existing custody plan changed so significantly that the best interests of the child require a change in the custodial arrangement. This is referred to as a "material change in circumstances."
Representation
Due to the complexity of custody-related matters, another right to consider exercising is that of retaining an attorney. The American Bar Association maintains resources designed to assist you in finding an experienced lawyer. Amongst these resources is contact information for local and state attorney organizations across the country.
