Child Custody Rights for Fathers: Know Your Rights
A divorce can be hard on anyone. It can be even more difficult if there are children involved. If you are married and things fall apart, your wife may threaten to leave. Most times, wives will want to leave with the children. Legally, she cannot take the children when she does. Because you are married, you both have joint custody of the children; therefore, she cannot legally claim to have custody of the kids. If she has threatened to leave with the children, it is a good idea to consult a lawyer.
Why You Should Hire a Family Lawyer
A lawyer can file a petition for custody and access an order. Doing this will get the ball rolling on the divorce and it will also protect your rights as a father. Next both your attorney and your wife’s attorney will work to iron out a custody agreement that works for both parties. Many men believe that the Family Court System always judges in favor of the women. This is not the case. Many men just do not access Family Court in a way that can be helpful to them.
Unmarried Couples
If the mother and father are not married, it can make things a bit more complicated. In the case where the parents are not married, most states recognize the mother as the custodial parent. If you are leaving your girlfriend and you want to take your child with you, or if she is leaving you and wants to take the children, the court will need to decide what is in the best interest of the child.
Whether the court gives you full custody, joint custody, or visitation depends on the courts. It is a good idea to get a lawyer right when things begin falling apart. If you want to be in your child’s life, you need to fight for them. Most states will give physical custody to the mother providing that the father cannot prove that she is an unfit parent. While she may get physical custody, the courts are very generous with visitations to fathers who can prove that they are a fit parent as well.
Types of Child Custody
There are a few different types of custody. Joint custody means that both parents share in the physical and legal custody. Sole physical custody means that one parent has custody, and the other is given visitation. Joint physical custody means that a child will spend equal amounts of time with both parents. Sole legal custody means that one parent can make all of the decisions pertaining to the child’s health, education, and welfare. Joint legal custody means that both parents make the medical, educational, and welfare decisions when it comes to the child.
When a custody agreement between both parties has been ironed out, fathers still have rights. If a father has either joint custody or visitation rights, there are some boundaries placed upon the mother depending on the agreement. When it comes to moving, a father has the right to fight the move. If you do not want your children to move, a judge can prevent it from happening.
Fathers also have a right in having a say in any medical decisions made for the children. In some cases, the mother must legally come to health related issues with the father. If your custody agreement does not state that you must be involved in legal decisions, there is still something that you can do. If you disagree with the medical decisions your child’s mother is making, you can get a lawyer and take the matter to court. A judge will decide what is in the best interest of the child.
Just because you are not the child’s mother, you still have the same rights as a mother. It is your child as much as it is hers. A good lawyer can help you to understand your rights and to fight for them.
A separation doesn’t need to be difficult. At Fine & Associates our Toronto divorce lawyers will do everything to make the transition as smooth as possible. Call us today and our family lawyers will help to get you started.