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Recognizing Visitation and Custody Rights of Fathers

Posted by Crissy Del Percio | Dec 30, 2019 | 0 Comments

visitation and custody rights of fathers

Fairness and equality in divorce law extend to fathers' rights when it comes to custody and visitation matters, especially as society shifts norms regarding fathers and their roles in children's lives. This shift challenges stereotypes. Knowing the legal landscape surrounding fathers' rights is vital for successfully negotiating custody or visitation agreements that ensure your child's best interests are safeguarded.

  1. Shift in Law toward Shared Parenting
    Family courts have recently shown an increasing preference to recognize and support shared parenting arrangements. This shift signifies the significance of both fathers in raising a child, creating an environment in which fathers can remain equally involved with their children's lives after divorce.
  2. Joint Custody Presumption
    Some jurisdictions now presume joint custody unless there is evidence demonstrating it does not serve the child's best interests. This presumption puts fathers on equal footing with mothers in terms of securing custody rights and emphasizes the necessity of developing meaningful relationships between both parents and their child/chidren.
  3. Child Best Interest and Development Standard
    The courts always look out for what is in the best interests of a child when making custody decisions, taking into account factors like age, physical and emotional wellbeing, stability in each home environment as well as nurturing environments provided by each parent. Fathers actively involved with their children can make compelling arguments demonstrating their dedication to fostering strong parent-child relationships.
  4. Legal Vs Physical Custody
    Legal custody refers to the right of parents to make decisions regarding a child's upbringing, including education, health care, and religion. Physical custody of a child depends on where they reside; fathers can pursue joint legal custody and physical care arrangements which allow them to participate equally in decision-making while sharing parenting time equally with their partner.
  5. Establishing Paternity
    Establishing paternity for unmarried fathers is an essential step towards asserting their parental rights and asserting themselves as fathers. Legal recognition gives fathers a voice in matters related to custody and visitation. Furthermore, fathers can request joint custody or visitation agreements that help promote the overall well-being of their children.
  6. Mediation and Co-Parenting Plans
    Mediation can help families undergoing divorce to quickly settle custody and visitation issues without lengthy court battles. Mediation encourages both fathers and mothers to participate actively, working together with the other parent on creating a co-parenting plan which meets both party's needs while prioritizing the well-being of the children involved.
  7. Proving Involvement and Support
    If a father is seeking visitation or custody rights, he should keep a detailed record of his involvement with their child's life and education. Documenting activities, school events, and financial support is invaluable evidence of active involvement.
  8. Modifications to Custody Orders
    As life circumstances alter, so too do custody arrangements. If a father encounters significant life changes like changing jobs or marital status or altering their ability to care for his child, they may ask the courts for modifications to custody orders if this would be in their child's best interest.
  9. Enforcing Visitation Rights
    Fathers may take legal action to enforce their visitation rights when visitation privileges are not being honored, or in cases where visitation rights have been denied altogether. A father can seek court intervention to ensure his visitation rights are upheld.
  10. Seeking Legal Counsel
    Family lawyers can offer invaluable guidance to fathers navigating custody and visitation disputes. Divorce and family lawyers provide fathers with invaluable advice, represent their interests in court proceedings, and help navigate the legal complexities surrounding custody and visitation arrangements.

Fathers' rights have evolved with divorce proceedings, reflecting an increasing societal recognition of the important roles fathers play in their children's lives. Knowing the legal landscape is essential when negotiating custody and visitation agreements. Furthermore, fathers must also assert themselves by participating in legal proceedings, remaining involved with their child's life, and seeking legal advice when needed to achieve fair, equitable, and just resolutions.

To learn more about related topics or to hire a divorce lawyer in Kansas City, contact Drama Free Divorce at (816) 615-5555.

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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