As a father finding yourself involved in a paternity, divorce or legal separation matter, you need basic information about your rights. Despite some minor variations in paternity, divorce and legal separation laws depending on where you live, you basic rights as a father are the same, according to the American Bar Association Section of Family Law.
Function
The primary purpose behind all father's rights is to ensure that you have the ability to establish, maintain and protect a meaningful relationship with your children, according to "Child Custody A to Z" by Guy J. White. Your rights follow from this basic premise.
Types
The types of rights you possess as a father include seeking legal and physical custody of your children, according to Cornell University Law School. If you gain physical custody of your children, you also have the right to obtain child support from the other parent. Other types of rights include establishing visitation, also known as parenting time, if you do not win custody.
Misconceptions
A prevalent misconception associated with a father's rights is that they are secondary to a mother's with regard to child-related issues. Prior to the mid-1980s, general inequality did exist. For example, the laws of most states included provisions favoring mothers in custody disputes based on the assumption that children needed to spend more time with their mothers in order to flourish. These presumptions were all abandoned, resulting in gender equality between fathers and mothers, according to the American Bar Association Section of Family Law.
Time Frame
As a father, your rights come into existence the moment your child is born. Typically, protecting these rights only becomes a real issue if you end up involved in a paternity, divorce or legal separation case.
Expert Assistance
As a father interested in your rights, you need to understand the importance of legal representation. Issues surrounding fathers' rights in paternity, divorce and legal separation cases represent complex legal matters. Consider retaining the services of a qualified lawyer if you find yourself involved in a case of this type.
References
- American Bar Association: Section of Family Law
- "Child Custody A to Z"; Guy J. White; 2005
- Nolo: Child Custody FAQ
