Divorce With Children: A Fathers Rights

Divorcing your wife does not mean that you divorce your children. You have the right to maintain a relationship with your child. It requires that you as a father be proactive.

Custody

The law presumes that each parent has the right to custody of the child. There are different types of custody that you need to consider.

Physical custody – determines which parent the child will live with most of the time. The parent with physical custody is called the custodial parent. The custodial parent makes the day-to-day decisions about the child’s life. The non-custodial parent gets visitation.
Legal custody – involves the major decisions regarding a child’s upbringing; education, religious instruction or training, and medical decisions. In most cases, parents will have joint legal custody, which means the custodial parent must consult with the non-custodial parent when issues arise in this area.
Sole custody – involves one parent having physical and legal custody of the child. Sole custody is usually given to parent when the other parent is deemed unfit because of abuse or neglect, drug or alcohol issues, and mental or physical incapacity.
Joint physical custody – involves the child living with both parents an equal amount of time. Having this type of custody requires that the parents live close to each other. It is sometimes used for children who have not yet reached school age, but becomes more difficult as a child gets older. It also involves a lot of shifting from place to place for the child, which can cause problems for the child.

The court when deciding custody looks at what is in the best interest of the child. It is preferred that the child maintain a healthy relationship with both parents. In the past, physical custody of the child usually went to the mother but it is not always true today. If you and your ex-spouse shared equally in childcare or if your work allowed you to be the primary caregiver, it is possible that custody can be awarded to the father.

It is also possible to get custody in instances where the mother has been obstructing your access to your children or undermined your relationship with the child in other ways. Keeping accurate records of these problems is essential to proving a case for change in physical custody.

When to Talk to an Attorney

It is important to have experienced legal counsel when dealing with custody issues. More and more fathers are getting custody of the child with competent legal help.

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