Custody Rights for Fathers?

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2010-11-01 15:24:20
2010-11-01 15:24:20

Custody rights for fathers is a hot issue and rightly so. Even today, in 7 out of 10 custody cases, primary custody is awarded to the mother. In less than 3% of all cases, primary custody rights are granted to the father. In recent years, fathers and non-profit organizations have become very vocal regarding a father’s rights to be a part of his children’s lives after a divorce or separation.

Fathers who are facing divorce or separation from a significant other and who also have children are often worried about when and how often they will be able to see their children. Given the facts stated above, this is a valid concern. Courts are supposed to award custody to the parent who is best suited to protect the best interests of the child or children and judges make their determinations based on a number of factors, but in most cases custody is still awarded to the mother, who has often been the primary caregiver. Most of the time this is a result of the father having been the primary breadwinner.

The good news is that many advances have been made in custody rights for fathers and dads are enjoying joint custody more often now than ever before. Fathers are also being awarded more parenting time which means they are able to spend more quality time with their children after the breakdown of a relationship with the mother. In order for a father to get the most time with their children possible or to be awarded custody, it’s important for him to understand different type of custody, his rights as a parent, and to be prepared. A good attorney who specializes in father’s rights can be very helpful during this process.

There are two main types of custody, physical custody and legal custody. Physical custody refers to which parent the children live with the majority of the time and legal custody relates to decisions regarding schooling, medical care, and religion. Even father’s who are unable to have their children live with them full time often would like to have joint legal custody, which allows them to play a part in making decisions that affect their children’s medical care, education, and religious upbringing. Attorney’s representing fathers will fight hard to get a father joint legal custody even when he sole physical custody is not an option. This is an important legal right for father’s after a divorce.

Another option that is rapidly gaining popularity is shared physical custody. For parents that live close to one another after a divorce, this is often an option that allows them to equally split parenting time and to both remain involved in the upbringing of minor children.

Custody disputes can be difficult and it’s important for fathers to know and understand their rights before beginning one. Father’s who are going through a divorce or separation where there are children involved should contact an attorney with experience in protecting a father’s rights to be a part of his children’s lives.

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Related Questions


Any parents custody right can be revoked if they are found unfit.


Custody arrangements by which it is in the best interest of the child without infringement of the mother or fathers rights.


Only Arizona has a law granting single fathers any presumed rights to a child born outside wedlock. I teach single fathers how to get their rights. See link below


There are many rights that a teen father has in Missouri. If he can provide for the baby he should be able to gain custody.


A biological father is entitled to full custody rights to the child regardless of his marital status withthe mother.


Single fathers have no assumed parental rights, thus the mother has sole custody and control. The must have parental rights first to obtain any type of custodial rights, such as visitation and/or joint custody. see link below


You have full and primary rights to your children. Grandparents do not have custody rights to children over parents.


In the U.S., with the exception of Arizona, single fathers have no assumed rights until granted them by the courts. I believe Britain is similar, but your best option is to look up Fathers Rights groups there and contact them. They are the ones who camped out on top of the home of the Prime Minister.


A biological father has the right to sue for sole custody, shared custody, or visiting rights to the child; even if he was never married to the mother. He may have to have genetic testing done to prove he is the father if this is at issue.




No, he has the same rights as single fathers, none until granted them.




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If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.


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Since you now have proof you are the father you can now petition for custody, visitation and pay child support. So very binding. Without it you have no paternal rights.


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The same as they are in every state. Once paternity has been established, you have the right to petition the court for custody/visitation/etc.


Not if you're married. Single fathers have no legal rights to the children, so yes.



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I have this same issue. My parents never got married. My dad's right was to see me, so he did not have legal custody of me. It varies with different families, but the father has legal custody to see you and it varies if he can have custody to have you.



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