For too long, dads were not awarded custody of their children after divorce. Moms became sole caregivers, while fathers were responsible for child support. That began to change in the mid 1980's. Across all 50 states, parents are now equally responsible for demonstrating what is best for the children. To avoid unfair custody terms, you need to know your rights.
Establish Paternity
Fathers who do not marry their child's mother need to establish paternity. Paternity gives the child a host of legal rights, like death and social security insurance and benefits. Also, a child can only have access to a father's medical history if paternity is established, which is increasingly important as the field of genetic medicine evolves and knowledge of both parents' medical records are needed.
Establishing paternity is the only way dads can fight for custody, visitation and child support rights. Filing varies from state to state, but generally involves contacting your local Office of Child Support Enforcement (CSE) for more information.
Custody
The American Bar Association's Family Legal Guide indicates, "In a contested custody case, both the father and mother have an equal burden of proving to the court that it is in the best interest of the child that the child be in his or her custody." According to the website Divorce Support, judges require families to be evaluated by a custody counselor. Determining custody is a difficult process that considers whom the child is most bonded to. Depending on the child's age and maturity, the court may allow the child to choose which parent to live with.
Financial Support
A dad has just as much right to collect child and medical support as a mom. The Administration for Children and Families indicates that after the father establishes paternity, a judge will determine the amount of child support the mother is assigned to pay. If the non-custodial parent neglects to pay support, the father can contact his state's CSE, which will track down the non-custodial parent and relinquish funds from her paycheck or place a lien on or sell her property.
Non-Custodial Parenting Plan
Establishing visitation rights to a non-custodial dad is a complicated procedure. Lawyers.com, a legal referral website, suggests preparing your parenting and visitation schedule before seeing the judge. If your child's mother is cooperative, it's best for everyone to draft the schedule together. According to the book, "A Father's Rights, A Child's Need," "A court will almost always approve custody provisions that the divorcing couple has designed themselves." Otherwise, indicate the days you want to have custody. "Phrases like 'reasonable visitation' don't get you far when you're dealing with an uncooperative custodial parent," according to an article on Lawyer.com. You also need to negotiate phone calls, emails and your participation in extra-curricular activities, like school plays and sports, and request for the judge to determine who pays for the cost of transportation if you live far from the children.
Adoption
When it comes to a biological mother placing her baby up for adoption, dads have rights, but only if they're aware of the pregnancy. A woman can indicate that the father forfeited his option to care for the child when this may not be true. In 1996, the Pennsylvania State Supreme Court ruled that both parents need to consent to adoption--a law that has since been passed in some form by most states. A man needs to register as a putative father in his state if he plans to gain custody of his child.
