Fathers who are divorcing or who want custody of their children should consult with family law attorneys who are familiar with fathers’ rights laws and requirements. Fathers should not settle for a parenting plan that affords them limited time with their children.
Parental rights allow parents, rather than a government agency or social worker, to decide what advances their child’s interests. This deference is warranted because parents know their children best.
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Visitation Rights
It is not uncommon for a father to be denied visitation rights if his behavior is deemed threatening to the child’s safety. Likewise, a judge may not grant noncustodial parents visitation rights if they have a history of domestic violence or have a criminal record. A noncustodial parent who wishes to obtain visitation rights must petition the court with a strong case for why this is in the child’s best interests.
In the past, courts used a variety of presumptions in custody and visitation cases, with fathers typically being granted visitation rights while mothers were awarded sole or primary custody. However, many states have now adopted a gender-neutral approach that examines a family’s situation on a case-by-case basis.
This is why it can be a challenge for some fathers when the mother violates their child’s custody or visitation schedule. If a father is having trouble getting their court-ordered visitation time, they should seek legal counsel from a father’s rights attorney to help them understand their rights and options. The legal team can assist clients with child custody issues and other family law concerns.
Child Custody
In most states, when a court awards custody of children following a divorce, it must consider the child’s best interests. Judges try to preserve both parents’ rights, though this is only sometimes possible or practical.
The courts may order joint legal and physical custody or sole custody for one parent, depending on the circumstances. In addition to considering the needs of each parent, judges also look at factors such as a child’s age, health, and stability of their home life.
For example, a child who has lived with one parent for most of their life will likely prefer residing with that parent in a shared custody arrangement. A judge might consider this preference and award the child joint physical custody, with each parent spending equal time at home.
In some cases, judges might order sole physical or legal custody for one parent because of a severe concern about the other parent’s ability to be a good parent. For instance, a judge might be concerned if the other parent is suffering from a mental illness or drug abuse problem. The judge might decide to order supervised visitation for that parent, which is common in the case of domestic violence. While courts are not supposed to favor parents of one gender, judges sometimes have biases. For this reason, both parents need to be as prepared as possible for a custody trial.
Restraining Orders
When family violence is involved, a restraining order may be necessary. A restraining order can have a significant impact on custody arrangements. If a parent has a history of domestic violence, it is essential to work closely with an attorney who understands how to handle this serious issue.
Typically, for a court to issue a protective order against an accused abusive parent or co-parent, there must be sufficient proof of the alleged abuse. This includes sworn testimony, photographs, videos, witness statements, and other physical or emotional evidence. A restraining order can protect an individual from being harmed or threatened, and it can also contain directives for the defendant-parent to stay away from you and your children if applicable, to relinquish possession of firearms, to move out of the home, to pay child support or comply with visitation rights, among other things.
The standard of proof is lower because a restraining order is a civil matter rather than a criminal case. The plaintiff-parent only has to prove by a preponderance of the evidence that there was a domestic violence incident or a pattern of incidents that warranted an emergency protective order. The court will then review the evidence and determine whether a final order of protection should be issued and, if so, for how long it should remain in place.
Parental Rights
The concept of parental rights is a hotly debated one in philosophy. Those who advocate for parental rights believe that children have specific fundamental interests that should be protected and that parents must meet those interests. Conversely, those who oppose the idea of parental rights argue that children should be able to develop into fully autonomous individuals.
Some philosophers rely on an individual’s voluntary choice to undertake a role that incurs special obligations to define parental rights. For example, a person who chooses to become an employer takes on certain rights concerning his employees. Similarly, people who marry each other take on rights and obligations concerning one another.
Other philosophical approaches consider that parents are morally obligated to fulfill their duties as caretakers by providing their children with experiences that will enable them to make meaningful choices upon adulthood. This approach to parental rights is often called the “best interests” criterion.
This view is often paired with a form of absolutism, which advocates that parents should have limitless authority to decide their children’s lives. This level of parental control is thought to foster moral development in young adults and help children learn how to obey society’s common law and laws. Those who believe in this form of absolutism cite various reasons for this belief.
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