A father possesses a specific set of rights with regard to his children. Although state laws vary somewhat regarding family law issues, the rights of a father are the same no matter where he happens to live in the country, according to the American Bar Association Section of Family Law.
Gender Equality
The underlying fact about fathers' rights is that fathers possess the same interests as mothers in family law proceedings. No longer do mothers enjoy a preference with regard to such matters as the custody of children, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. All states maintain laws that establish gender equality between parents.
Types
Types of fathers' rights include the ability to seek and establish as well as maintain and enforce custody, according to FindLaw. Fathers awarded custody are entitled to seek child support. In the absence of custody, fathers' rights permit them the ability to establish parenting time or visitation with their children.
Considerations
The primary considerations associated with fathers' rights include weighing and balancing those rights against what is in the best interests of the children. The court looks at factors like the mental and physical health of fathers, the types of residences maintained by fathers as well as what type of preexisting relationships these fathers maintained with their children.
Benefits
The rights assigned to fathers are intended to ensure that they have the opportunity to develop and maintain a meaningful relationship with their children. A major element associated with developing that type of relationship is the ability of fathers to spend time with their children on regular, recurring basis.
Expert Assistance
Fathers' rights include the ability to seek legal representation a family law proceeding, according to the American Bar Association Section of Family Law. Due to the complexity of family law cases, fathers usually are best served if they obtain an attorney in a divorce, custody, paternity or similar type of proceeding.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
