As a dad facing a divorce or legal separation case, preparation includes understanding your specific rights. A consistent element of family law provisions involves the rights of fathers in cases involving custody and related issues, according to the American Bar Association Section of Family Law.
Benefits
The benefits of a father's rights in divorce and similar proceedings include establishing meaningful relationships with his children, according to Cornell University Law School. His rights extend to placing him in the same position as a mother in relation to children born during his relationship with her.
Types
The types of rights of a father center on custody of children, according to "Child Custody A to Z" by Guy J. White. A father is vested with the right to seek and obtain custody of his children, both legal and physical. Legal custody grants the father authority to make decisions for the child. Physical custody is the right of the father to provide a home for the child. Related rights include that of visitation or parenting time if the father lacks primary custody, and that of child support if he does obtain physical custody.
History
Fathers have not always enjoyed the same rights as mothers in paternity, divorce and legal separation cases, according to the American Bar Association Section of Family Law. Prior to the 1980s, most states maintained a legal presumption in favor of mothers regarding issues like custody of children. The theory was children needed to be more closely connected with their moms in order to thrive and have healthy lives.
Considerations
A father's rights directly balance off those of the mother. A judge weighs and balances both sets of interests in making decisions pertaining to custody and related matters. More significantly, the rights of both parents remain subordinate to the best interests of the children in a divorce, paternity or legal separation case. Ultimately, a court fashions a custody plan that takes into consideration a father's rights, but which must serve the best interests of the children in the case, according to Cornell University Law School.
Warning
Fully enforcing a father's rights demands an understanding of applicable law and of how the court system works. Therefore, obtaining legal representation to pursue rights is not only an important consideration, but also a right of a father, as well. The American Bar Association provides resources to assist a father in hiring a private attorney, or in finding an organization that provides no-cost legal representation for a dad unable to afford his own counsel.
References
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
- "Child Custody A to Z"; Guy J. White; 2005
