Rights For Fathers

Rights for fathers have changed significantly in the U.S. over the last 200 years. Prior to 1813, men were automatically granted custody of minor children in the event of a divorce. The move to change this was not only a significant concern in the women's rights movement, but in the movement for children's rights as well. Now, courts are tasked with deciding custody issues based on the welfare of the child rather than the preferences of the parents. If the mother has been the primary caretaker, the assumption is usually made that the child has a closer bond with her than with the father and that it is important not to disrupt this relationship. Visitation rights for fathers have not been significantly impacted and these rights can be upheld in court if a mother refuses to allow a father to see his children. The right to visitation remains intact regardless of whether or not a father pays child support as a non-custodial parent. Fathers also have the right to order a paternity test if they believe they are being required to pay child support for a minor who is not their biological offspring.

Fast Facts

  • Fathers do not have the right to withhold child support because of problems in visitation.
  • A father does have the right to schedule his visits within the allotted time given to him by the agreement or court order.
  • A father does not have the right to abuse, intimidate, or threaten a mother in order to obtain visitation time with his child. Such behavior may result in a restraining order.

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