Fathers' Rights in Child Custody Cases

In divorce, one of the biggest concerns for many fathers is their child custody rights. An attorney is the best resource for specific information regarding family law issues such as child support and custody, but there are some general rules that apply to most cases.

For instance, if the couple is not married, the male partner is not automatically assumed to be the child's father even if they are listed on the child's birth certificate. On one side of this problem is the mother who has no right to collect child support, while on the other side is the father who has no legal visitation or child custody rights.

Paternity must be established before either party may obtain these rights. Either party may request a paternity test to determine or confirm that the individual is in fact the father of the child or the individual may sign a document stating that they are the biological father.

If the parents are married, it is assumed that the male partner is the father and paternity does not have to be established.

In cases where the parents were never married, court orders must be obtained for child support, custody and visitation rights. Without court orders, the non-custodial parent has no legal right to see the child and the custodial parent could stop visitation rights without warning. However, if court orders are in place, the custodial parent must abide by the court orders.

Each divorce case differs in some way. In cases where one parent is considered harmful to the child or it is considered in the child's best interest not to have contact with the parent, the Court may prohibit that parent from contacting the child. If this is the case, seek legal counsel to discuss your case and your options.

A large percentage of the father's will never take action towards exercising their legal parental custody rights...
If you are not one among them, take advantage of the law now and get a court order to maintain your relationship with your child - Diefer Law Group