The Big Myth About Visitation Rights for Fathers
Going through a divorce is an emotionally painful and scary time, especially when kids are involved.
You’re most likely on the receiving end of a great deal of advice from well-intentioned family members, friends, and colleagues. One of the tips will almost definitely be about visitation rights, especially for fathers.
There are big myths that circulate about visitation rights for fathers. Read more to learn about what a father’s rights are, what children’s rights are, and how to protect them.
Myths Regarding Visitation Rights for Fathers
There are two myths regarding a father’s visitation rights. The first myth is that the mother will automatically receive custody of the child or children. In the past, a belief prevailed that mothers were better suited to care for children. This assumption was born out of the fact that women would stay at home to raise the children, while men worked outside of the home.
Over the past several decades, that situation has changed. Now, women and men both work outside of the home. Furthermore, ideas about gender roles have shifted. As a result, women are not always awarded custody of their children.
The second myth is that fathers have a right to visit their children. Legally, neither parent has a right to visitation. It might seem as though visitation rights for fathers are fair. However, what might sound reasonable to you as a parent might not sound reasonable to a judge.
The Child’s Best Interests
So, if mothers don’t automatically get custody of children, and fathers aren’t given the legal right of visitation with their children, who determines these matters? The judge will decide what is in the child’s best interests. What are the child’s best interests? This term refers to what is best for the child. How does the judge come to that conclusion? He or she uses the evidence available.
That evidence includes the state of the relationship between the child and the parent, the parent’s child-rearing skills, the parent’s financial and employment situation, and whether that parent can provide for the child’s needs. A child’s needs aren’t simply for food, shelter and clothing. Children require a strong moral grounding as well as a healthy emotional environment.
Other factors in the child’s best interest are the fitness of the parent (such as whether he or she abuses drugs or alcohol) and the existing custody arrangement. If the child is old enough to have a preference, that is taken into account by the judge.
Worried About Your Child Visitation Rights?
The legal professionals at Fine & Associates know how complicated the laws about child custody and visitation rights are. We were named the Top Choice Award Winner – Best Toronto Divorce/Family Lawyers for 2013-2014.
If you’re concerned about visitation rights for fathers, call us at 647-496-6057, or fill out the form on the right to request a free consultation.