As a dad preparing to file for divorce or respond to a divorce petition filed against you, understanding your rights, particularly those associated with your children, is a necessary first step, according to FindLaw. Knowing what specific rights you possess ensures that you are in the best possible position to make wise decisions in your divorce case.
Types
A dad's rights in divorce cases include seeking custody or visitation with his children, obtaining child support if granted custody, and even seeking alimony or spousal maintenance depending on the specific facts and circumstances surrounding the marriage, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Considerations
A dad's rights in a divorce case are balanced off against a mother's. With that noted, all states maintain the concept of gender equality with regard to divorce-related rights, according to FindLaw. In other words, neither spouse possesses an advantage relating to divorce issues because of gender.
Misconceptions
A common misconception in a divorce case is that the rights of the parents associated with custody issues are the only considerations of the court. The presumption is that a judge must only weight and balance the rights of parents. In fact, the paramount consideration for a judge in divorce-related custody matters is establishing what is in the best interests of the child, according to Cornell University Law School. In other words, the rights and interests of the child take precedence over the rights of both parents in divorce proceedings.
Benefits
The benefits associated with the rights assigned by law to a father in a divorce case include ensuring that he establishes and maintains a meaningful relationship with his children. If he obtains custody, these rights ensure that he receives appropriate financial support from the mother to provide for the minor properly.
Expert Assistance
Establishing and enforcing a dad's rights in divorce proceedings is challenging in many cases. Facing this type of case, consider seriously engaging the services of an experienced lawyer to assist you. The American Bar Association maintains a variety of resources to assist you in finding and hiring a lawyer. These resources include contact information for local and state bar associations, groups that provide the names of attorneys near you that practice family law.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
- FindLaw: Family Law Center
