With Father's Day coming up this weekend (get to the store, kids!), it's time to focus on the dads. More specifically, it's time to discuss fathers' rights in child rearing and family planning.
The Fathers' Rights Movement has aimed to guarantee more legal protections for fathers in family law, child support, and child custody decisions, so let's examine where those protections are today.
Paternity
The first step in establishing any rights as a father is establishing paternity. Without legal paternity, a purported father cannot assert any rights regarding adoption, custody, or visitation. Keep in mind that once paternity is established, a father is responsible for his share of child support.
There are several ways that paternity can be established, and you must know how to legally establish paternity before you can assert your rights as the biological father. If you’re married to the mother, you are assumed to be the father and will be listed as such on the birth certificate. Otherwise, you might establish paternity through voluntary assumption (you both agree you are the father), genetic testing, or a lawsuit.
While establishing paternity is the first step to being a part of your child’s life, it does not lead to automatic rights regarding co-parenting.
Visitation and Custody
For unmarried fathers, gaining visitation and custody rights can be a lengthy, emotional, and expensive battle. When making custody decisions, courts will settle disputes with the best interests of the child in mind. While in the past it was widely assumed that family courts favored mothers, this is no longer the case. Most states presume that the involvement of both parents provides the most benefit to children. That generally means you can legitimately argue for a parenting plan that includes plenty of parenting time for you. Sole custody is generally reserved for situations in which there is a good reason for it, such as child abuse.
Shared custody does not have to be argued in court. Ideally, unwed or divorced fathers can create a parenting agreement with the other parent, as this can be a more collaborative and satisfying process for all parties. An added benefit is that it can reduce the cost of a custody battle. If not, you may want to research the custody and visitation laws in your state. State law varies on the specifics the court will consider during custody disputes. Also, whether or not you reach an agreement on your own, you will need to get a court order to make your shared parenting plan official.
It’s also important to remember that child custody has two parts: where the child will live (physical custody) and who gets to make decisions about the child’s well-being (legal custody). Legal custody can include issues such as religion, education, and healthcare decisions. The decision-making aspect of legal custody shouldn’t be ignored.
Paternity Leave and the FMLA
There’s more to a father’s rights than establishing paternity, custody, and visitation rights, of course. Caring for a baby is hard work for the father, too. The federal Family and Medical Leave Act (FMLA) allows new fathers to take leave from work to care for a newborn, adopted, or injured child. Not all employers are required to provide paternity leave, not all fathers are eligible, and the leave is normally unpaid, so make sure you check with your employer and any additional state or city laws that could affect your time off from work.
If you're unsure about your rights as a father or think your rights aren't being recognized, you can discuss your case with a father's rights attorney in your area.
Related Resources:
- Browse Father's Rights Lawyers by Location (FindLaw Directory)
- What Are a Father's Rights Before Birth? (FindLaw's Law and Daily Life)
- Paternity (FindLaw's Learn About the Law)
