Fathers' Rights in Divorce
If you have children and the mother is attempting to restrict your right to spend time with your children, the law firm of Breeding Carter will represent your interests in mediation or in court.
Our attorney team takes fathers’ rights issues very seriously. We understand that fathers often feel as though they have no rights to child custody or parenting time. When you turn to us for help, we make sure that you understand your rights and will protect your rights.
Fathers’ Rights To Gain Legal And Physical Custody
In most states, the law no longer provides the child’s mother with the presumption of custody. That means the father has an equal opportunity to gain physical custody of his children. Child custody disputes may be resolved through the divorce process with either mediation or courtroom litigation.
When you are looking to assert your rights as a father, you should turn to our experienced attorneys. The main factor that the court evaluates is the circumstances of the child and the parent’s ability to care for the child. It is irrelevant whether the parent is the mother or the father.
In some cases, mothers even try to withhold custody or violate the visitation schedule because of alleged child support arrears. It is important to know that the other parent cannot violate existing orders because they feel they were not paid child support, nor can the other parent move away from the noncustodial parent without first seeking a modification of the custody order. You have rights; we can help you assert your rights in court.
Unmarried Paternity Issues
Even if you are an unmarried father, you have rights to visitation and custody. It is important to ascertain paternity soon after the child is born. Paternity can be established by filing a petition in the juvenile court that asks the court to declare paternity. The court will likely order DNA or other blood tests to determine whether you are the father. Once you have been declared the father, you will have rights and obligations to your child.
We will guide you through the process of establishing paternity and answer any questions that you may have about your rights throughout the process.