When families face conflict, children are often caught in the middle. Regrettably, fathers also suffer disproportionately during such events, seeing lower rates of child custody, visitation, and coparenting opportunity than their female counterparts.
The push toward increased father’s rights is advocating for fathers to receive fair and equal representation and opportunity within the legal system when conflict occurs. This resource answers the most common questions fathers have about their rights in legal matters.
Men cannot adequately ensure they are treated justly without knowing their rights. Fathers are encouraged to seek information about their rights and find support where it is available, such as from legal teams that advocate on the father’s behalf.
What Are Father’s Rights?
Within family law, “father’s rights” refers to the paternal right to parental responsibility and decision-making during child-rearing. This could include medical decisions, education, custody arrangements, and paternity leave, including adoption.
Legally, fathers should have the same rights as mothers; however, this is not always the case. Women are awarded custody nearly twice as often as men, and they may enjoy a higher ratio of visitation hours or priority as the main decision-maker, even if the father is fit to parent.
A father’s rights will vary depending on the jurisdiction where the case occurs. They may also vary based on family circumstances; for example, if the mother brings in three times the father’s income, this may be weighed in the mother’s favor for custody determinations.
If a father has previously faced a charge of child abandonment, they may not be viewed favorably when determining visitation, even though it is their right to receive equal consideration.
Common Misconceptions About Father’s Rights
The field of father’s rights is filled with many misconceptions, some of which may even color the determination of the courts if not adequately addressed. While it is true that women are more commonly awarded custody than men, the allegation that the woman is always the preferred choice is a myth.
Similarly, a common misconception states that the father will always be responsible for child support when either party may pay child support. The role of fathers continues to evolve, with more men assuming tasks and responsibilities traditionally associated with the household’s female caregiver.
As family dynamics shift and each family establishes its dynamics, fathers must stand up for their right to be viewed as equal partners. Both parents deserve equitable treatment when allocating privileges related to their children.
Establishing Paternity
Before a man can legally pursue his paternal rights, he must establish his paternity. Legal paternity is establishing a man’s connection with a child through adoption or lineage. This is vital for unmarried parents of children and those who are in same-sex partnerships and other less common arrangements.
Without legal paternity, a man’s rights to make decisions for a child, gain custody, and more cannot be upheld to a fair standard. Multiple methods exist to establish legal paternity. The simplest (when alleging blood relation) is to take a DNA test.
This can reliably indicate the relationship between a father and child, proving paternity. In adoption cases or when a DNA test is not selected, the father may voluntarily acknowledge paternity by completing standardized documentation that attests to their claim.
Establishing paternity must occur through the proper legal channels. A father is not automatically granted paternity in all situations, and failure to demonstrate paternity can eliminate the possibility for a parent to achieve their desired results in custody, visitation, and child support issues.
Custody and Visitation Rights for Fathers
Custody refers to two parts: physical and legal. Physical custody refers to who the child spends time with, while legal custody governs who can make choices regarding elements essential to the child’s development, such as education, medical care, and religion. Parents may receive solo physical or legal custody, jointly share these responsibilities or a combination of the two.
Visitation refers to spending time with a parent, though the child does not primarily live there. When determining custody or visitation, the court will examine numerous factors. These include the child’s will, the sufficiency of each parent’s home environment, income, past criminal convictions, demonstration of child-related decision-making responsibilities, and more.
Fathers who want to present a strong case for shared custody or visitation can achieve this by demonstrating sufficient evidence to indicate the child benefits from being with them. This includes stability, consistency, access to resources and experiences, and a history of successful parental responsibility.
Child Support Obligations and Rights
Historically, fathers have been largely responsible for financially supporting a family. Though dynamics have changed in the modern age, fathers are still typically expected to pay child support if they are not insolvent.
Child support is determined based on a calculation of the time spent with each parent and those parents’ income levels. It is the right of a father to have a fair assessment of his role in the family’s financial well-being and to see child support modifications and enforcement assessed relatively.
If the father has primary custody, the mother should be ordered to pay child support, given sufficient income. If the court has not reasonably determined child support responsibilities, the father has the right to file actions to seek proper compensation.
Rights in Unmarried Fathers
Unmarried fathers have equal rights to married fathers but face additional challenges in exercising their rights. The need to establish legal paternity is more relevant, either by petitioning the court for a DNA test or by completing a notarized affidavit of parentage. Alternatively, the father may marry the mother and attest to parentage.
Without legal paternity, unmarried fathers do not have parental rights. The primary custodial rights are automatically granted to the mother, the most common challenge unmarried fathers face during custody and visitation disputes. Because they do not have the same leverage as a married partner, their sufficiency as primary custodians or in sole or joint custody is not considered as thoroughly.
Addressing Allegations and Legal Challenges
Fathers can face unfair allegations when trying to exercise their rights in court. Some of the most common include a mother not agreeing to participate in an attestation of paternity, claiming that the individual is not the father or has not acted as a father.
Alternatively, fathers may face allegations of domestic violence, abuse, or substance abuse to strip them of custodial suitability. This is where legal representation becomes critical.
A legal team can advocate on your behalf to rebuff these accusations and provide accurate, comprehensive documentation indicating that the allegations do not align with your character or the circumstances. Attorneys can guide you on how to prove your innocence and maintain your rights as a father.
Collaborative Co-Parenting
Many custody and visitation issues are painted with the assumption of conflict, and many cases result in less than amicable meetings between parties. However, cooperative co-parenting arrangements are the ideal solution for both the adults and the child(ren).
Fathers can play a valuable role in fostering a healthy parent-child relationship and demonstrating mature conflict de-escalation and resolution with the other party. Remember that what is best for the child is what matters most.
Conflict resolution is difficult, but parents agreeing on visitation and custody arrangements spares the child from the confusion and negativity surrounding court dates.
Mediation can assist parents in reaching an amicable agreement, or the parents may open communication themselves. Focus first on what the goals are for the child and then work backward on how to achieve them, acknowledging the strengths of each party.
Seeking Legal Help and Resources
Navigating the complexities of custody, visitation, and other issues related to child care can be complicated, and for fathers, this is doubly true. A father’s rights are not always fairly upheld, and it is wise to consult with experienced family law attorneys to ensure that your side of the case is proactively represented.
Additionally, resources such as support groups and organizations focused on fathers’ rights exist to provide a safe place to share difficulties and direct you toward important tools that can help.
The best way to find reliable support and assistance with legal matters related to paternity is to research and understand what each organization or resource claims to accomplish. When vetting attorneys, examine their history with similar cases; schedule a consultation to discuss your situation and learn what course of action they recommend.
Protect Your Rights and Be Proactive
Fathers have rights during custody and visitation disputes; exercising those rights can be more complex for men than women. Fathers must understand the rights they have at their disposal and exercise them appropriately to ensure the best outcome for their child(ren).
Proactively protecting your rights and maintaining meaningful relationships with your child is a vital part of the custody process. The experienced legal team at Milstein Siegel can assist you in achieving a favorable outcome and defending your rights as a father.
