6 Ways a Father’s Rights Lawyer Can Help
If you’re struggling with issues surrounding child custody or visitation, then it’s best to seek help from a father’s rights lawyer.
Follow this guide to find out if they can assist with your legal needs.
Introduction
In a perfect world, mothers and fathers would always come together for the greater good of their children. That simply isn’t the reality we live in. Messy custody battles, arguments over child support, and temporary separations can leave parents fighting over exactly who should care for children and when.
Some fathers feel that they get the short end of the stick in this regard. They feel forced to pay too much child support, unable to access their own children, or ignored and ostracized by the courts. Some believe the courts are so biased against them, they really don’t have any rights at all.
Unfortunately, statistics don’t really do much to argue against this perception. Just one in six custodial parents are fathers. Nearly 18.8 percent of those who are don’t receive any child support. And despite it being against the law, there is evidence to show that custodial mothers sometimes engage in parental alienation in an effort to prevent dads from seeing their kids.
If you are a parent facing issues like these right now, you don’t have to struggle through this fight alone. A father’s rights lawyer can help. We’ll tell you how.
Your Rights Explained
First, let’s talk a bit about what rights you have as a father in California. Ultimately, you have the same rights as the mother of your child.
This includes:
- The right to spend time with your children. Unless you are deemed dangerous or a risk to your little ones (with quantifiable evidence), you always have the right to spend time with your child. Custodial parents may not refuse to allow little ones to see non-custodial parents without good reason.
- The right to be a part of your child’s life. This includes having a say in where they live, what kind of activities they are allowed to engage in, which religion they follow, and where they go to school. Your ex cannot exclude you from these decisions and conversations without good reason.
- The right to access documentation. This includes your child’s medical records, charts, vaccination records, and school report cards. Even if you are the non-custodial parent, you have the right to request copies of these.
- The right to make medical decisions. Whether you are the custodial parent or not, you have an equal say in medical decisions. This includes refusing or pushing for procedures, even if the child’s mother disagrees.
- The right to discipline as you see fit (within reason). When you are in charge of your child, you make the rules. Your child’s mother may not attempt to interfere with discipline, either directly or indirectly. Exceptions do exist where the mother has a legitimate concern about abuse.
- The right to live free from parental alienation. Your child’s mother may not discriminate against you or attempt to influence your child to avoid you in any way. The courts have awarded fathers full custody of their children in situations where clear evidence of alienation exists.
The biggest takeaway, here, is that you have the same rights as your child’s mother. Full stop. That’s the case even if others try to convince you that you’ll never win the fight if you take it to court. No matter what they say, the LAW is on your side.
The Most Important Step You Can Take
So, you have rights – now what? If you’re struggling just to access your own kids, or drowning under excessive support payments, what’s the next step?
First, don’t try to argue or fight with your ex. And don’t try to force the issue on your own by refusing to give your kids back. This can be deemed parental kidnapping. It’s also a sure-fire way to land yourself in hot water.
Instead, reach out to a father’s rights attorney the moment you feel you need help. He or she can help you navigate complex custody and parenting laws in the best way possible. This includes fighting on your behalf when it comes time for court.
Most importantly, keep your emotions in check – especially when communicating with your ex. Remember that your goal is ALWAYS to provide for and be with your children – not to get back at or punish your ex.
How Can A Father’s Rights Lawyer Help?
You already know that a father’s rights lawyer can help you, and that you should reach out to one as quickly as possible when issues arise. But how exactly can they help? We’ll explain, and provide examples, in the next few sections.
1. Establish Custody and Visitation
You and your ex have only recently split up. You have no official custody arrangements in place at this time. A lawyer can help you create and propose a potential plan that focuses on what’s best for your child. Note that this step is still recommended even if you had an amicable split and get along with your ex.
2. Enforce Custody Orders
You and your ex already have a custody agreement in place, but he or she refuses to follow it. Perhaps they’re angry with you, or maybe they’re engaging in parental alienation. A lawyer can help you gather evidence to prove this is happening. Then, he or she can petition the courts to make a revision that eliminates the problem.
3. Address Emergencies Quickly
You have a legitimate reason to believe your ex is putting your children at risk. Or, perhaps you’re sure she’s abusing them. A lawyer can help you to file an emergency petition for temporary sole custody until the issue can be investigated. This ensures your children are brought to a safe, loving environment as fast as possible.
4. Ask For Child Support
You are the custodial parent, but you don’t receive any child support. Up until now, your ex had no income from which to pay you. You’ve just discovered that she is once again working, and thus, can afford to once again contribute. A lawyer can help you present this to the courts and request a new order for support.
5. Dispute Child Support
You’re happy to contribute to the care of your children, but are currently struggling under the weight of such large payments. Or, perhaps you’ve lost your job, are about to become homeless, or have lost the ability to even support yourself. A father’s rights lawyer can help you argue your case with the courts for a lowered payment.
6. Establish Paternity
You have reason to doubt that one or more of your children is truly yours. Perhaps your ex admitted to cheating or the timeline simply doesn’t line up. If the child’s mother refuses to allow a DNA test, a lawyer can help you petition the courts to require it by law. This is often a last-ditch effort when the mother won’t comply.
Conclusion
Maybe the issue you’re struggling with isn’t listed here. Or, maybe you’ve already tried to seek help from the courts without much success. We want to encourage you not to give up. While father’s rights issues can be complicated, a good lawyer can help you fight for your children with a strong chance of success.
Are you in search for a certified attorney to represent you?
Let us help you find one today!