Visitation rights for fathers following a divorce is very common. Once the case has been settled and the details have been outlined, it becomes your responsibility to secure visiting rights for fathers. Unfortunately, many men assume that they will automatically be awarded visitation rights once the case has been settled. In some cases, this may be true. However, it should also be noted that a father who are not granted full visitation after a divorce can simply file for an exception to visitation, but he will have to do it after the divorce has been finalized.
If you are trying to work out a parenting plan with your ex, it is important to remember that in most cases, a parenting plan is not accepted by judges. This means that you are not likely to be approved for joint physical custody or equal parenting time unless you can prove that a judge would be adversely affected by granting you the visitation you seek. Many men do not realize that this fact means that they will have to put more effort into securing their visitation. It is important to realize that you have just as much chance of obtaining the type of visitation you want if you go about it correctly from the beginning.
Proving Substantial Relationship With The Child
Fathers need to be aware that if the court rules against them regarding visitation, they are not entirely free to do anything they’d like. Although this is true, most courts do recognize that men should be involved in their children’s lives in some way. If you can prove to the court that you have a substantial relationship with the child (Ren), you have a good chance of obtaining full custody of the children. In some situations, it may even be a matter of proving that you’re a stable and loving parent.
If you are seeking visitation rights for fathers following a divorce, it is often recommended that you take a parenting class prior to beginning your efforts. This is not only a wise decision but will also greatly increase your chances of success. A parenting class will show the court that you have been attentive and dedicated to your parenting, and this will add weight to your petition.
Visitation And Custody Options After A Divorce
When you begin your search for a family law attorney, one of the things you will want to ask him/her about are your visitation and custody options after a divorce. If you are lucky enough to have retained a family law attorney who knows what he/she is doing, he/she will already be aware of the possibility that fathers might have issues regarding their child custody and visitation. It’s important that you seek legal counsel as soon as possible following a divorce, or the consequences could be serious.
The first step you must take after a divorce is filing the petition for custody of your children. You do not have to do this immediately following a divorce. If you are seeking legal rights for fathers, you must do this prior to moving forward with the process. In many cases, the father and mother file for sole physical custody of the children, which means they both retain full legal rights to be a part of the children’s life. In these situations, a father seeking custody rights with the court will request full legal rights for himself as well, and it will be up to the court to determine whether or not he can maintain those rights.
Option Of Visiting With The Children
Once the court concludes that joint physical custody is in the best interests of the child, they will give the father the option of visiting with the children on an alternate basis with the mother. During the time that the parent is not present, the court will order the mother to stay home with the children.
Even if a father chooses not to visit with his children, he still has parental rights and the same legal rights granted to mothers. As a matter of common law, if the father was the primary caregiver, his paternity was considered when he gave his permission for the visitation to occur.
Visitation rights for fathers following a divorce are not set in stone. The family law attorney will advise you on your best course of action. He will inform you of the best route for you to take given your unique situation and the circumstances surrounding your divorce. Your family law attorney can explain the different options available to you, including how to protect your rights and obtain the financial support you need to be a successful father again.