Until recently, courts generally frowned upon joint and shared custody arrangements. It was determined that it was not in the child’s best interests because it violated their right to a stable home environment, which is critical for their growth and development.
Whether this has changed or not ultimately depends on the state in which you live. In some southern states, for example, traditional gender roles are deeply ingrained and woven into the very fabric of the values that people there still believe in.
A family lawyer who specializes in fathers’ parental rights can assist you.
Fathers Have Visitation Rights
You have the right, as a biological father, to seek child custody or visitation rights. This is true regardless of whether you were married to the child’s mother or not. Nonetheless, as with any other child custody determination, the court must act in the child’s best interests. And, unless otherwise established, it is always in a child’s best interest to have both parents involved in their lives. As a result, judges frequently grant fathers visitation rights with their children.
Establishing paternity is the first step toward securing unwed fathers’ rights. Typically, both parents acknowledge paternity by signing the birth certificate at the time of the child’s birth or shortly thereafter.
The point is that there should be a birth certificate indicating your paternity. When paternity is in question or you didn’t sign the birth certificate, a DNA paternity test will need to be done before a court order stating that you are the child’s father can be made.
Negotiating a Parenting Agreement
The first step in the legal process is for the parents to come up with an agreement that includes these things:
- Determining who will have primary custody of the child:
- Who will make decisions about the child’s welfare, such as where they attend school, health care, and religion?
- Procedures for amending any aspect of the current in-force agreement
For parents who aren’t married, fathers’ visitation rights are usually based on a lot of different things, like their relationship with the child, any history of drug or alcohol abuse, child abuse, and a lot of other things that all play a role in the child’s well-being and safety.
If you require assistance in establishing parental rights and are unsure how to begin, a simple online search for the best father’s rights attorney near me will connect you with an attorney in your area. If you and your child’s mother can’t agree on a parenting plan, you can ask the court for access through a contested hearing.
Termination of Parental Rights
Each parent has the right to be involved in the care, safety, welfare, education, and custody of their child. Their parental rights, whether maternal or paternal, may, however, be terminated voluntarily or involuntarily. A Louisville family lawyer can help you in this condition.
Voluntary parental rights termination is a lengthy and complex legal process that varies by state. A fathers rights attorney Louisville ky can assist you in navigating the process and obtaining a favourable ruling. Bear in mind that a favourable outcome is not always certain.
When the mother of your child seeks to terminate your parental rights, this is referred to as an “involuntary termination.” This could also happen if a state agency starts legal proceedings to cut off both parents’ rights.
All of these things can lead to the involuntary termination of parental rights: child abuse, parental incarceration, not supporting the child, and abandoning the child. If you’re unsure how to fight parental rights termination, you’ll need to retain the services of an experienced father’s rights attorney to assist you in establishing your fitness to retain your rights.
Mother’s Rights vs. Father’s Rights in Adoption Cases
In all states, the mother and father have the legal right to consent to their child’s adoption. To keep his rights, a father must first show that he is the child’s father through DNA testing or a signed birth certificate.
if there is proof that you haven’t paid child support, left your child, are mentally ill, have a history of child or alcohol abuse, or have any other sign that you are not a good parent.
If you think your state’s adoption laws aren’t fair, you can hire a fathers’ rights lawyer to help you through the process or fight against it if you think it’s wrong.
You Have the Right to Be in Your Child’s Life.
In sum, exercising parental rights, or even defending them, is a complicated and time-consuming process. You’ll need to contact the best father’s rights attorney to assist you in gathering evidence, preparing court documents, and drafting the legal agreements required to protect your rights. It will help you build and keep up a relationship with your kids as they get older. However, because each case is different, it is important to talk to a lot of divorce lawyers before you choose one.
Bear in mind that the formative years are critical for your children’s development. As a result, you must be present at all times. If it requires waging a legal war to accomplish it, then, by all means, do so. Your children are priceless.