Divorce laws across the United States are essentially consistent, no matter where you reside, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. These statutes establish a specific set of rights for fathers in divorce proceedings. These rights extend to financial matters and, most specifically, in regard to issues involving children born during the marriage.
History
Before the mid- to late-1980s, gender played at least some role in divorce cases, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. For example, often a mother's rights regarding custody took precedence over a father's, based on the belief that a child's well-being depended on a close connection with the mother. By 2010, all states firmly adopted statutes that mandated gender neutrality when it comes to the rights of fathers and mothers in divorce cases.
Types
A father's divorce rights include those associated with seeking legal and physical custody of a child born during the marriage. Legal custody is the ability to make decisions for a child and physical custody is providing a home for a minor. Other rights include the ability to make a claim for child support if granted custody, to claim a share of marital property and to seek alimony or spousal maintenance, according to "Nolo's Essential Guide to Divorce.
Time Frame
Divorce rights of a father attach the moment divorce proceedings commence. These rights carry on beyond the issuance of a divorce decree. For example, if a father obtains custody of a child in a divorce case, he then has the right to seek court ordered enforcement of that decree if the mother somehow attempts to interfere with the custodial arrangement.
Misconceptions
Two misconceptions remain prevalent across the country today. First, many people wrongly assume that the rights of parents in divorce cases take precedence over those of a child. In fact, when it comes to custody and related issues, the primary consideration is determining what is in the best interests of a minor child. Second, some people believe that a mother maintains some sort of superior authority over child-related matters during and after a divorce. This type of preference no longer exists in the United States.
Expert Assistance
Due to the complexity of divorce cases, particular those involving children, a father's rights include hiring a lawyer. The American Bar Association, or ABA, provides fathers resources to assist in finding the most suitable lawyer. These resources include contact information for local and state bar organizations, groups that maintain directories of lawyers that practice in the divorce law arena.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
