Fathers Parental Rights After Divorce

After divorce a fathers parental rights may not be what he wishes they were. There are ways to deal with the situation, and a custody order may be modified at a later date due to changes of circumstance.

Factors Determining Who Gets Custody

A court of law will consider a number of factors when deciding on child custody during divorce. Depending on the state in which you obtain a divorce, these factors may include, but are not necessarily limited to:

Each parent’s physical and mental health and ability to care for children as a result;
Emotional connections between the child and each of the parents;
Each parent’s lifestyle and whether it is appropriate for children;
Either parents’ record of abuse or neglect and evidence relating to that record;
The quality of the child's life with either parent;
Preference of the child if the child is old enough for the court to take the preference into consideration;
Each parent's willingness to cooperate with the other parent in matters of child rearing;
Each parent's work schedule and how it impacts child rearing;
How the custody arrangement will impact the child's established routines such as school and activities;
Whether the home the parent can provide is suitable for children;
Whether the custody arrangement will impact the child's success at adapting to divorce emotionally and otherwise; and
Each parent’s ability to provide the child with basic needs.

What Can You Do to Reclaim Your Paternal Rights?

If you did not get the outcome you hoped for in your divorce as to child custody, you can continue to seek custody after divorce. You can do things to make your case more viable, including:

Consider why the court did not find in your favor (you can even ask directly) and make changes to your situation wherever possible to modify your environment and circumstances;
Try to maintain a positive and amicable arrangement with your ex during any allowed visitation;
Be available when your ex needs someone to take the children and offer help;
Make all support payments promptly; and
Petition the court for a change of custody arrangement if your ex will not agree to one.

Getting Legal Help

If you are not satisfied with your parental rights after divorce, you can seek the help of a family law attorney to change your situation. An attorney can advise you of your rights and the possibility for a modification of custody order given your circumstances. You don't have to live with the custody agreement as it stands forever; fathers have parental rights, too.

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