Establishing and maintaining the rights of fathers is a significant element of family law statutes in states across the country, according to FindLaw. Recognizing that differences exist in some aspects of family, the reality is that the rights of fathers are the same in all U.S. states when it comes to matters of divorce, paternity, legal separation and child custody.
Misconceptions
A recurring misconception that remains prevalent throughout a portion of the general population is that a father's rights in family law disputes remain secondary to those of a mother, according to "Child Custody A to Z" by Guy J. White. The fact is that beginning in the mid-1980s, jurisdictions across the country began the process of adopting a standard of gender equality in family law proceedings. Accordingly, both parties in a family law case possess the same rights, regardless of their gender.
Types
The three fundamental rights of fathers exist in a family law case. These are the right to seek and maintain child custody, to seek and maintain child visitation, and to obtain appropriate child support if awarded primary residential custody by agreement or court order, according to the American Bar Association Section of Family Law.
Time Frame
A father's rights usually become an issue during a paternity dispute or a divorce proceeding, according to the American Bar Association Section of Family Law. At these times, both parents often are found vying to obtain custody of their children or disputing similar types of issues.
Standards
Although the rights of fathers and mothers are weighed and balanced against one another, the standard used by U.S. courts in determining custody and similar types of issues is that of the best interests of the minor. The ultimate focus of a judge is in fashioning a custody arrangement--a parenting plan--that serves the best interests of the minor child.
Expert Assistance
Establishing and enforcing a father's rights represent extremely personally and legally complex matters. For this reason, the typical father is best served by seeking experienced legal representation when involved in a case dealing with his rights as a parent. The American Bar Association maintains resources designed to assist a father in finding and retaining the best possible legal counsel for his case.
References
- "Child Custody A to Z"; Guy J. White; 2005
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
