Fathers' Rights Attorney Overview

Lawyer Assistance With Child Custody and Visitation Issues

Children deserve to have a relationship with both their parents, whether their mothers and fathers are married, divorced, separated, or unmarried. However, since mothers are often perceived as the parents who are more concerned with family life, fathers may face obstacles when asserting their rights to maintain relationships with their children.

If you are a father who needs to ensure that you can remain a part of your children's lives, it is essential to work with a skilled family law attorney. An experienced lawyer can help you understand your rights, work with you to meet your legal requirements, and advocate for your children's best interests throughout the legal process.

Legal Issues for Divorcing Fathers

For much of recent history, mothers were presumed to be the primary parent, taking care of children while fathers worked to provide for their families financially. However, these types of arrangements are no longer customary, and in many modern relationships, both parents earn an income for their families, and mothers and fathers often share parental responsibilities equally.

The divorce laws of many states have been updated in recent years to reflect the nature of modern parenting. When making decisions about child custody and parenting time/visitation, most state laws will no longer automatically presume that the mother is the primary caretaker, and they often instruct courts to do their best to ensure that children have a close, ongoing relationship with both parents. Some states have even taken steps to implement laws that presume that it is in children's best interests to spend an equal amount of time with both parents.

Many states have also updated their child support laws in light of the fact that both parents often earn an income. Depending on state laws, child support payments may be based on the income earned by both parents, as well as the amount of time children spend with each parent.

Parental Rights of Unmarried Fathers

When children are born to parents who are not married, fathers may face additional obstacles as they seek to maintain a relationship with their children. In these cases, it is important to establish paternity, either through a voluntary acknowledgement by both parents or through legal proceedings and DNA testing. This creates a legal relationship between a father and his child, allowing him to assert his rights to be involved in decisions about how the child will be raised, to receive information regarding a child's education or medical care, and to enjoy regular visitation/parenting time with his child. Establishing paternity also protects a child's right to receive financial support from both parents so that their day-to-day needs will be met.

If you are a divorced, separated, or unmarried father who needs to protect your right to have a close, ongoing relationship with your children, an experienced attorney can provide the legal help you need. A skilled lawyer can help you understand how the laws of your state apply to your situation, and they can provide representation in court as you work to ensure that you will be a major part of your children's lives.