Across the country, all states maintain similar laws establishing specific rights for divorced fathers, according to the American Bar Association Section of Family Law. The American Bar Association, as well as the website maintained by a state's legislature, provide access to current laws relating to rights for divorced fathers in all U.S. jurisdictions.
Function
The underlying function of rights for divorced fathers is to protect their ability to develop and maintain a meaningful relationship with their children, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. These rights ensure that, despite the nature of his relationship with the mother, his relationship with the children remains strong and healthy.
History
Fathers have not always enjoyed parity with mothers with regard to post-divorce rights, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Prior to the 1980s, state laws favored mothers with regard to issues like custody of children. Additionally, at that same time, women received favorable gender consideration for matters like alimony or spousal maintenance.
Types
Rights for divorced fathers extend to enforcing an order of custody handed down by the court during marriage dissolution proceedings. Mothers cannot interfere with a father's custodial rights. A noncustodial father possess a right in post-divorce proceedings to enforce access to his children through a duly imposed visitation or parenting time order.
Warning
Family law statutes across the country penalize a divorced father who attempts to enforce his rights through inappropriate methods, according to the American Bar Association Section of Family Law. For example, if a mother interferes with a father's right to visitation, he cannot withhold child support until she permits access to the child. The divorced father must seek enforcement through appropriate judicial proceedings.
Expert Assistance
Enforcing or pursuing your post-divorce rights as a father requires an understanding of applicable family law statutes. In addition, a father must understand the basics of judicial procedure when pursuing a post-divorce matter. Due to the nature of statutes and procedures, a father should give consider retaining a lawyer. The American Bar Association assists fathers in obtaining legal representation through a variety of resources. These include direct contact information of local, regional and state attorney organizations.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Child Custody Overview
