Family law statutes across the United States establish rights for parents in different types of cases. These include rights that attach to both the father and mother. Although some differences exist in family law provisions and procedures from one state to another, the rights of parents, including dad, are the same.
Types
A father's rights include establishing paternity if the child is born out or wedlock. In paternity, divorce, legal separation and annulment cases, a father also possesses the rights to custody, visitation, or parenting time, as well as financial support from the other parent if he wins residential custody of the child, according to "Child "Child Custody A to Z" by Guy J. White.
Considerations
An exercise of a father's rights is tempered by what is in the best interests of the child or children in a particular case, according to Cornell University Law School. The best interests-standard is in force in all states in the country. The standard requires a consideration of such factors as which parent maintains a home most suitable for a child, as well as the general health of both parents. Other factors include whether or not the father historically provided primary care for the child.
Misconceptions
A common misconception prevalent in family law cases is that a mother's rights take precedence over a father's. For example, some people wrongly believe that because she is a woman, a mother is more likely to win custody of a child. The fact is that the family law provisions in all states maintain what is known as gender equality in cases involving children. Gender in and of itself is not relevant to a court when making decisions regarding the custody of a minor child.
Enforcement
Another right of a father is that of enforcing orders of the court. For example, if a mother interferes with a father's right to visitation or parenting time with his children, he is vested with the right to seek court assistance. He can obtain an order from the court, a decree both enforcing his rights and penalizing the mother for infringing on these interests.
Expert Assistance
Beyond the basic rights accorded a father in paternity, divorce, legal separation and annulment proceedings, he also possesses the right to legal assistance. Protecting a father's rights and interests requires an understanding of complicated laws and complex court procedures. Retaining counsel typically is the surest way of protecting a father's rights. The American Bar Association maintains a set of resources to aid in finding a capable attorney.
References
- "Child Custody A to Z"; Guy J. White; 2005
- Cornell University Law School: Child Custody Overview
- Nolo: Child Custody FAQ
