Individual state laws establish the specific rights enjoyed by fathers in divorce cases, according to FindLaw. Although divorce laws and courtroom procedures differ from one state to another, courts afford the same rights to fathers in marriage dissolution proceedings. A father preparing to file a divorce case or respond to one must appreciate his basic rights.
Types
Fathers' rights extend to all elements of divorce proceedings because these components all impact a father and his relationship to his children, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. A father's rights include obvious child-related issues like custody, visitation and child support. These interests extend to matters like property and debt division as well.
History
Historically, a father's rights in divorce cases were limited, according to Sember. For example, a mother's rights trumped a father's in custody determinations by the court. State laws incorporated standards like the tender years doctrine, which presumed that a child, particularly a preteen, needed to be with his mother to thrive. All states abandoned these standards that favored a mother in the 1980s and 1990s, giving rise to gender equality regarding rights in divorce cases.
Misconceptions
A carryover from the era when a mother's rights and relationship with children in divorce cases were favored, one fairly prevalent misconception is that she possesses veto rights and other supremacy regarding a father's right to visitation. Although a mother's input is considered in determining visitation, she does not have power to interfere in any manner with a father's right to enjoy court-ordered visitation.
Effects
The effects of fathers' rights in divorce cases include ensuring that he maintains a legitimate opportunity to develop a meaningful relationship with his child, according to the American Bar Association Section of Family Law. Because of these rights, a father cannot be relegated to becoming a mere visitor in the life of his child.
Expert Assistance
A key right of a father in divorce proceedings is his ability to retain a lawyer. Due to the complexity of divorce cases, a father usually is best served by engaging legal assistance in a divorce case. The American Bar Associations maintains resources to assist a party to a divorce in finding competent legal representation in his local community.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
