An Overview of Father’s Rights
Fathers’ rights refer to the legal entitlements and obligations of fathers, particularly following the end of a relationship. These rights cover child support payments, parenting time, legal decision-making and payment of arrears. The goal of defining the fathers’ role is to protect the welfare of the child, as well as the parent.
Unfortunately, misconceptions about the law can create a warped perception of fathers’ rights. The reality of the situation is that fathers are not automatically entitled to joint legal decision-making , nor do they receive equal parenting time by default. The law bases all decisions on what is in the best interest of the child, so rarely will a court take the extreme position of awarding fathers full rights over their children. At the same time, courts are less likely to grant fathers no rights or visitation.
If you are seeking full custody of your child — i.e., full legal decision-making as well as physical responsibility — it is important to understand the hurdles you will have to overcome. A good place to start is working with an attorney with extensive experience helping men navigate fathers’ rights issues.
The Need for Legal Help for Fathers
"Ignoring the complexities of the legal process can have long-lasting, detrimental impacts on both you and your family."
"What is the role of custody in your situation? Have you really evaluated if visitation is in the best interest of your child? Might you be entitled to more than the child support payments you’re currently receiving?"
These are just a few of the questions that an experienced attorney can help you answer. A lawyer will ask the right questions to get a clearer picture of your case. They can then begin to offer guidance on the routes you should be taking to pursue your rights as a father. While legal aid may have limited availability for fathers, there is often a more open and welcoming door to consultation.
Selecting the Right Legal Help
In a landscape as complex and emotionally charged as family law, selecting the right legal representation is critical for fathers who seek to understand and protect their rights. It is essential that fathers choose a lawyer who not only has expertise in family law but also can effectively navigate the unique challenges they may face.
First and foremost, it’s crucial for fathers to look for legal representation that has substantial experience in family law. An attorney with a proven record of handling cases similar to yours is more likely to be familiar with the specific issues you will encounter and how to tackle them. It is equally important that your attorney be a good communicator. There will be many complex legal terms and concepts you and your lawyer will need to juggle as your case progresses, and an attorney who takes the time to explain these concepts will save you a lot of hassle, confusion and time.
For many fathers, an attorney’s personality is also a vital part of the selection process. You want someone you can trust to make critical decisions on your behalf, so you want an attorney who is competent and empathetic. Take the time to meet with several different attorneys, and don’t be afraid to ask questions about your case and your potential representation. Some of the questions you may want to ask your lawyer are: how much experience do they have handling cases like yours? What’s their approach to family law cases? Is their firm family-run? What are the retainer fees for your case?
Keep in mind that some nontraditional marital circumstances – like divorce from an LGBT spouse – can add complexities that require specific legal knowledge or good connections. Having an attorney with experience in LGBT matters such as same-sex marriage, child custody and divorce is ideal.
Common Legal Issues for Fathers
The legal landscape that encompasses fathers’ rights is a complicated one, filled with legal jargon and pitfalls for the uninitiated. As things stand, it’s not uncommon for fathers to face bias within the legal system. The traditional narrative places mothers in a protective role and fathers as the antagonists, even if it isn’t accurate to the situation in question. This is even more problematic because the scale of these results may vary depending on the judge overseeing the case. That’s what makes it so important for fathers to have legal representation in family court.
Another problem fathers face is proving paternity. Citizens are all too aware of the paternity test TV trope—the court orders a DNA test to determine the child’s father, and it either proves the father’s innocence or his guilt . As any lawyer will tell you, however, there is no such thing as a 50% certainty in these tests.
Failing to meet this standard of beyond a reasonable doubt in regard to paternity could result in significant financial losses for the father-to-be. He may be expected to pay child support even if he’s not biologically related to the child, resulting in significant financial hardship for him, his family, and the mother.
Child support itself can be a complex issue for many fathers. Frequently, judges assess child support based on the amount of time a parent has with their child. In order to avoid financial hardship, parents need to balance their work life with their parental duties, but many judges fail to consider how child support may impact their employment. A legal advisor can help fathers balance these two conflicting demands.
Readily Available Resources for Fathers
Researchers have concluded that fathers’ rights organizations have had a measurable political impact, raising support for fathers’ rights in the public eye and fostering contact among fathers involved in parental relationships that include high conflict. Many fathers’ rights groups have made their mission accessible in their own sites, posting pages of useful information for fathers facing challenges in pursuing their rights and responsibilities. These sites sometimes host discussion boards and even blogs that allow visitors to interact with fathers who may have been in similar situations. In some cases, these sites will simply provide e-mail or telephone numbers that readers can use to link directly with representatives from the father’s rights group.
Legal aid societies exist almost universally throughout the United States, providing legal information, advice and representation to clients who would otherwise be unable to afford the services of an attorney. These legal aid societies often provide services by telephone, over the Internet or in person from local offices. Depending on their size, they may provide assistance to low-income individuals in addressing an array of family legal problems, such as abuse, child custody and support, housing, immigration and even criminal matters. Legal aid societies usually exist at the state or county level. These organizations exist for the purpose of ensuring that every American has the right to "equal access to the courts," and many provide free classes or seminars on working with the legal system.
Fathers who require assistance in dealing with the most complex issues of gathering evidence and pushing for fathers’ rights during an acrimonious divorce may pursue the services of private attorneys. An experienced father’s rights attorney can counsel clients on issues such as:
Attorneys who advertise their services as fathers’ rights attorneys typically practice family law, but some of them specialize in fathers’ rights work. They may charge standard rates or offer reduced rates based on household income.
Coping with a Court Appearance: A Guide for Fathers
When you anticipate an upcoming court hearing, you may be unsure of what to expect. You may not know what you need to bring or how you are expected to present yourself in court so that you give the best impression possible. As far as custodial situations and parenting arrangements, there are a number of different opportunities where you may have to navigate a courtroom.
For these types of hearings, preparation is absolutely essential. Having the right evidence strongly in your favor can make all the difference in the world. When it comes to fathers’ rights, those who present themselves strongly and come in armed with the right evidence are much more likely to get what they want.
If you haven’t already done so, make sure that you schedule a meeting with family law professionals as soon as you know a court date. This is the best way to ensure that you get all the information you need and ask any questions about the process well in advance. Your professional can help you to gather the right evidence that will meet your requirements, as well as answer any questions you may have about anything you’ve topic seen online or from a friend.
Gather any documentation or evidence you have and bring it to your meeting. When dealing with children and the breakdown of a family unit, there is a lot to take into account. You can’t always depend on what your ex has to say about the situation, which is why you need your own documentation. It’s important that you create a log of events, including anything that concerns you or that could potentially be used against you . You should also include information on how often you see your children, any interactions you have with your ex and any details of any interactions with social services or the court.
With your documentation, there are a few important things to remember. The way that you present this information is very important. You have to remain calm, and you cannot be overtly confrontational, especially if you are uncomfortable in the courtroom or are dealing with your ex. You should always ask for clarification on any questions that you don’t understand. Never feel afraid to ask this question. If you don’t understand something, you will not win going forward. Gather the evidence that you want ahead of time and learn how to speak about it in a calm and constructive manner. Don’t wait until the last minute to go over your evidence. You want plenty of time to study, and you want it to be fresh in your mind before you head to court.
If you do not feel comfortable taking a stand in court yourself, there are attorneys who can present your case to the judge for you. While fathers’ rights are very important, you need to be ready to go to bat for yourself if necessary. You need to present yourself in the best light possible. You should sit up tall, dress appropriately and make eye contact with the judge and those surrounding you. Make sure to present any documents clearly and without interference, and take responsibility for everything you’re saying.