Separating from your wife and children leaves you wondering what specific rights you possess as a father. The laws of all states enumerate essentially the same rights for a father who is separating from or divorcing his spouse, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Keep in mind that despite similarity in rights, the procedures to pursue or enforce these interests vary from one locale to another. Your state legislature's website maintains the current version of these laws.
Types
Your rights extend to seeking custody of your children upon separation from your spouse or the filing of divorce proceedings, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. In addition, if you end up as the noncustodial parent, you possess the right to visitation or parenting time with your children.
Function
The underlying function of your rights as a father is to ensure that the change in the status of your relationship with your spouse does not negatively affect your connection with your children, according to FindLaw. Custody or visitation orders represent the primary means for maintaining an appropriate relationship with your children during and after divorce proceedings.
Procedure
The procedure to establish your rights as a father is similar across the country. The process of establishing your right to custody or visitation, depending on your objectives, commences with the filing of a motion. The motion is filed in the court where your divorce case is pending, or in the court where your child resides if no such case is in process.
Considerations
Your rights as a father are subject to a determination by the court about what is in the best interests of the child, according to Doskow. In other words, your attempt to obtain custody or visitation with your child is contingent upon the court determining that the arrangement you propose is in the best interests of you child.
Expert Assistance
Laws establishing your rights as a father represent complex legal matters. Your interests typically are best protected if you hire a lawyer. In fact, you have a right to retain an attorney to represent your rights as a father. Access resources from the American Bar Association to assist you in finding an experienced lawyer in your area. These resources include contact information for local and state bar associations, groups that maintain directories of lawyers in private practice. If you cannot afford a lawyer, the ABA provides information about organizations across the country that provide pro bono or free legal representation to father's unable to pay for a private attorney.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
