Legally, each parent has certain rights when it comes to spending time with their children, known as Fathers Rights & Custody. Due to these protections, parents are able to make important life choices for their children. Both mothers and fathers have the legal right to seek custody of their children, but traditionally it has been far more difficult for fathers to do so. This occurred because of old biases and regulations.
The rights of a father in matters of child custody are identical to those of the child’s mother, as is the case with any biological parent. This means the father will have legal responsibility for the child’s upbringing and will have equal rights to make decisions about the child’s upbringing and provide for their needs.
However, the court’s custody agreement will determine the nature of a parent’s parental rights. Thus, while it is becoming more common to provide parents dual custody of their children, a father may receive only legal custody. If this occurs, the mother will have primary custody of the child and the father may be limited to visitation privileges at best.
Contact a family lawyer without delay if you are a father wanting to prolong your parenting rights. You may have to go through yet another evaluation and possibly even return to court. In the event that your case escalates into a custody battle, a lawyer will be able to represent your interests and help you get what you want.
Where Does Paternity Come From?
The question of paternity often arises in legal battles for parental rights. The term “father” or “father” refers to the biological parent of a kid. Fathers legally have parental responsibilities and rights, including the right to seek and obtain custody of their children. Thus, one may need to establish paternity in order to be allowed to exercise such rights.
In most situations, the court will side with the biological parents and award custody to them (e.g., both parents are fit). This is due to the long-held idea that a kid is best served by remaining in the care of his or her biological parents. Therefore, establishing paternity and providing proof that a man is the father of a child is one approach to ensure that fathers can obtain custody of their children.
If the mother is deemed unsuitable to care for the kid, becomes incapacitated, or passes away, the father may be awarded custody. For the same reasons that a mother might be awarded custody, a father can be awarded custody if he is shown to be the child’s best choice for upbringing.
Final Thoughts
An attorney specialising in fathers’ rights will be able to inform you of your legal protections and ensure that your rights as a parent are upheld. Child custody and parental rights cases can be complex, but with the help of an attorney, you should be able to successfully resolve the matter.
If you and your attorney agree that your child’s safety would be jeopardised if the other parent were given custody, your attorney can petition the family court for an emergency protective order.