Tue, 11 May 2021

Father's Rights During a Divorce 101

04 Apr 2021, 06:02 GMT+10

Parenting is an important aspect when it comes to the kids' wellbeing. According to the stats, kids who grow with parents are happier than those who don't. However, when things don't work out, divorce can be inevitable. In most cases, mothers feel more entitled to the kids than fathers. But the truth of the matter is that both parents have equal rights-even after divorce. However, if you feel that your rights are infringed, consider hiring a father's rights lawyer. On those lines, here are the top things you should know regarding the father's rights during a divorce case.


You have the right to petition for child custody. This can be done as a standalone action or within the divorce proceeding. During these cases, the court will listen to both parents. The judge will make a judgment based on the evidence presented before the court. However, the child's rights and wellbeing will hugely inform this decision.

Equal Rights

Both partners have equal rights as far as child custody is concerned. In most cases, both parties can agree on shared custody. These rights can only be revoked by a court order. However, if you cannot agree on child custody, the court will intervene and make a binding determination.

Child's Preference

The court can hear the kid's preferences when it comes to where he/she prefers to live. However, this isn't the only factor that the court will consider. Normally, a determination will be made based on the kid's best interests.

Change in Custody

As a father, you have the right to apply for child custody changes. This can be informed by the change in certain circumstances. For instance, if your ex-wife decides to cohabit with another guy, you can petition the court to change the child custody. Still more, if the mother moves in with a criminal, your Houston fathers rights attorney can ask the court to grant you full child custody.

Automatic Visitation/Custody Rights

As a father, you aren't guaranteed automatic visitation rights. The same applies to custody rights. This is especially true if the court finds out that you were not married when the kid was born. However, you can apply for paternity tests. These tests will determine your rights as far as visitation or child custody is concerned.

Frequent Visitation

According to experts, courts encourage fathers to practice frequent visitation. Among other things, frequent visitation will help you bond better with your kids. So, take the opportunity you have to visit your kids frequently. Call them frequently. Organize video calls with your kids. If you are living far, video calls are recommended.

The Bottom-Line

In marriage, both partners have rights. Still more, divorce doesn't take away your rights as fatter. You deserve to see your kids and bond with them. However, when your rights are infringed, think about hiring a father's rights attorney. He/she will articulate your case and make you feel like a father again. The above are key things you should know as far as fathers' rights are concerned during a divorce case.

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