When parents are separated, the task of staying involved in a child’s life and updated on their education, medical care, and extracurricular activities becomes more difficult—especially in cases of split custody.
Although men’s rights make sure they can stay involved in their children’s lives, many men are not aware of how to defend these rights and remain an active participants in their children’s upbringing.
A father’s legal rights and responsibilities in the decision-making processes concerning the education and upbringing of his children include the ability to access their records, participate in decisions on where the child attends school, and more.
Fathers can assert these rights effectively through legal agreements, custody arrangements, and direct engagement with educational institutions to ensure their active participation in their children’s lives.
Here is what fathers need to know to uphold their rights concerning the education and upbringing of their children.
Can Fathers Decide Their Child’s Upbringing?
The extent to which a father can exert pressure or make decisions regarding a child’s upbringing depends on the custody arrangement upheld by the court. Visitation time and legal and physical custody agreements are most often determined and upheld by the court.
Even in cases of mutual agreement, terms must be submitted to the court for approval. The court enforces all agreements in place.
In cases in which both parents share custody (joint custody), the father has the right to participate in important matters related to the child, such as where they go to school. However, if a mother has been awarded sole legal custody, the father does not have decision-making authority.
A Father’s Legal Rights in Joint or Sole Custody
If a father has joint or sole custody, he has the right to make numerous decisions or take actions related to his child’s education. Some of these rights include the right to:
- Access their child’s records from school – Fathers can request educational records from school for minor children of whom they have at least joint legal custody. These records can include personally identifying information.
- Be a part of the decision on where to send the child to school – One parent may not solely make the decision on which school the minor child attends unless that parent has sole legal custody. In cases in which the parents do not agree, the courts may recommend mediation.
- Participate in parent-oriented school tasks – Parent-teacher conferences, book fairs, parent-child sports teams, and other activities that require parental supervision or participation are included in the purview of men’s rights, and the other parent may not prevent the father from participating in these activities if they have at least joint custody.
Schools are not required to automatically supply calendars or other information about school-year events or dates for parent-teacher conferences. Each parent is responsible for inquiring about and obtaining school resources, schedules, and conferences.
What to Do If Your Rights Are Threatened
If the other parent is making decisions with which you do not agree or were not consulted and you have decision-making authority according to the court, you must defend your rights to continue actively participating in your child’s upbringing.
If your rights are threatened:
Try to resolve the issue with the other parent – If both parents share joint custody, collaborating to find a compromise that works for both parties is the first step. If this is not possible, consider mediation to allow an unbiased third party to recommend a decision that is in the best interest of the child.- Petition the court – If the father is not being allowed his parental rights according to the legal custody arrangement, he can petition the court to help. The court may decide against the other parent compelling them to abide by the legal custody agreement and allow the father to exert his decision-making ability, or it may reassign sole legal custody to the father (in cases in which the other parent is no longer suitable to make decisions for the child).
- Seek legal assistance – In addition to petitioning the court, it is often wise to partner with an attorney familiar with men’s rights. They can assist with defending the father’s rights to have an impact on his child’s upbringing and understand what evidence to submit to strengthen the case.
Defend Your Father’s Rights with Legal Help
Fathers have the right to make decisions about their children’s upbringing, education, medical care, and many other essential elements of life as long as they maintain some level of court-awarded legal custody. However, the other parent may make this task difficult or impossible, necessitating the assistance of an attorney.
The professionals at Milstein Siegel can help you defend your rights when caring for your child. Contact Milstein Siegel to schedule a consultation.
