What are a father's rights in a child custody battle?

Divorce proceedings can be contentious with raw feelings on both sides. This is especially true when child custody becomes an issue. Nearly all states impose a standard of "best interests of the child(ren)" when determining legal and physical custody. Both parents have certain rights and responsibilities in a determination of child custody and a father's rights are not legally superseded by the mother's rights. Courts attempt to treat both parties equally. However, certain factors are measured, such as who has been the primary caregiver.

Parents may enter into an agreement delineating their custodial interests which a court has to validate. Absent an agreement, the court will set up terms for custody and visitation that gives both parents access to the children. Courts will typically attempt to achieve a shared custody arrangement for the best interests of the child so that the child retains a relationship with both parents. Therefore, a father, absent certain moral or criminal failings, has custody rights to his children.

In your case, once a court orders a custody decree or signs off on a custody arrangement between you and your spouse, it becomes legally binding to you both. Therefore, if your ex-spouse tries to deny your custody rights, you have legal recourse to enforce the agreement. Under the law, you can do the following:

• Get police to enforce a custody order by requiring your spouse to turn over the kids
• Go back to court and have your spouse held in contempt for violating the judges orders. The judge may even be willing to change the custody agreement if your spouse is repeatedly denying you the access to your kids that you are entitled to.
• Have your spouse arrested for kidnapping in rare instances, depending on the circumstances of what she has done.

If your spouse is contravening your custodial rights, contact an attorney to determine a father's rights in a child custody action.