Paternity, divorce and other types of family law statutes and court procedures vary somewhat from one state to another. Nonetheless, the rights of fathers with regard to their children largely are the same, no matter the specific jurisdiction, according to the American Bar Association Section of Family Law.
Relationship Status
A father's legal rights to his children initially depend upon his legal relationship status with the birth mother, according to the American Bar Association Section of Family Law. If the father is not married to the birth mother, he initially possesses the right to establish paternity. He must take this step prior to asserting his other rights. If the father is married to the birth mother, the presumption exists that he is the father, even if another man actually is the biological father.
Misconceptions
Although relationship status dictates a father's initial legal rights to children, his interests with regard to the children are not secondary to those of the birth mother, according to Cornell University Law School. All states maintain gender neutrality with regard to parental rights. No parent possesses an advantage or disadvantage because of gender.
Types
In addition to the fundamental right to establish paternity, other legal rights a father possesses in regard to his children include the ability to seek custody and visitation or parenting time with them, according to Nolo. Associated with custody and visitation is the right to regular communication with the children as well as the right to have access to information about them, including school and medical records.
Considerations
A primary consideration associated with a father's rights is satisfying the standard of the best interests of the children. All custody, visitation and related family court decisions are made to protect, serve and advance the best interests of the children. What the children need and require in a particular case trumps the personal rights of both parents.
Expert Assistance
An overarching legal right of a father is to engage professional legal assistance. The American Bar Association provides services to assist in finding qualified legal representation. These resources include contact information for local and state bar associations, organizations that provide directories of attorneys that practice in the family law arena.
