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Find Fathers Rights Lawyer

Find Fathers Rights Lawyer

Fathers Rights

Within divorce law, a number of myths and inaccuracies surround the topic of father’s rights. While there are some edge cases in which a father may have different rights than the mother in a divorce proceeding, legally, there are few if any clear differences between the father’s rights and the mother’s rights in a divorce.


The Law Office of Judy Ritts

34 years in practice
Adoption, Child Custody, Child Support, Divorce & Family Law, Divorce Law
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Tony A. Gibbens, Attorney at Law

14 years in practice
Adoption, Child Custody, Child Support, Divorce & Family Law, Fathers Rights
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Boller & Petty, LLC

9 years in practice
Adoption, Child Custody, Child Support, Divorce & Family Law, Divorce Law
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Onisile Law

20 years in practice
Business Law, Child Custody, Child Support, Divorce & Family Law, Divorce Law
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Moshier Law

23 years in practice
Divorce & Family Law, Divorce Law, Fathers Rights
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McClure Law Group

39 years in practice
Child Custody, Child Support, Divorce Law, Fathers Rights, Same-Sex Divorce
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Fathers in a Divorce

In general, subjects like alimony or child support are determined on an economic basis, with the more prosperous parent owing support to the other in order to maintain a certain standard of living. Some specific cases where fathers may need a clarification of their rights include surrendering or losing parental rights and the rights of a step-father.

Surrendering or Losing Parental Rights

When a child is born, the parents listed on their birth certificate receive all legal rights and responsibilities to care for the child until the child reaches the age of 18. However, it is possible during a divorce to either lose parental rights or voluntarily give them up. If a parent relinquishes their parental rights, they are choosing to abandon their legal claim to make decisions about the child’s upbringing. While a father who has relinquished their rights can still see their children, they have lost their legal right to demand to have a relationship with their child. Relinquishing parental rights does not void the parent’s responsibility for child support.

Alternatively, parental rights can be stripped during a divorce process. If this happens, the father will be expressly forbidden from interacting with their children and will have no legal claim to interact with them. Any crimes related to children such as child neglect, child abuse, or child pornography, can lead to parental rights being stripped. Additionally, depending on the state, violent crimes such as domestic violence or drug crimes can also lead to a loss of parental rights.

Step-Father’s Rights

Though a step-father may not be biologically related to their partner’s child, time and proximity can lead to those children feeling as precious as any biological child. However, in the eyes of the law step-parents are at a disadvantage.

The law generally prioritizes the rights of biological parents over step-parents and this can lead to a loss of custody. One way to avoid this issue is to legally adopt the step-children. This option allows the step-parent to assume full parental rights and responsibi lities over a child. In order for an adoption to be possible, one parent must legally relinquish their parental rights or have them be stripped away.

Fighting to Protect Your Interests

If you are going through a divorce where child custody is likely to be an issue and you want to ensure your fatherly rights are protected, you will need the help of a family law attorney. An experienced family law attorney can represent your interests as an impartial in order to defend your rights.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.

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Fathers Rights Frequently Asked Questions

1. What are a father's rights in a divorce?

In general, there are no special rights given or taken from fathers in a divorce. Fathers may be more likely to pay alimony, but that has more to do with the fact that fathers historically make more money and are breadwinners of the family. In divorce proceedings, a father has a right to argue for alimony, child custody, asset division, or any other aspect of divorce benefits.

2. Can a father lose visitation rights?

In a child custody dispute, any parent can lose their visitation rights. Usually, in order to lose the right to visit their child, a parent would have to commit a grievous violation of the child’s rights or be otherwise shown to be a danger to the child’s wellbeing.

In general, the only way to lose visitation is to be charged and convicted of a crime that gives reason to believe that the child is not safe with that parent. This can include violent offenses such as domestic violence, assault, battery, or homicide. Visitation will also be stripped if the parent is found guilty of child-related offenses, including child endangerment, child neglect, child abuse, or child pornography. Some states may also remove visitation rights if the parent is convicted of a drug offense.

3. Can a father sign over his rights?

If a father does not want to have a legal claim over their child, they may consider signing over their rights. This can allow for a number of legal moves to be made, including the adoption of the father’s paternal rights by another individual. 

Signing away parental rights does not immediately exclude a father from responsibility for their child. For example, signing away paternal rights does not remove the obligation of paying child support. The only thing that can remove the obligation of paying child support is for the children to turn 18 or for another adult to adopt the child. Signing away parental rights also does not mean that the father must stop interacting with their children, it just means that they legally can’t force the other parent to allow them time with their children.

4. Does a step-father have the same rights as a father?

In general, the courts favor the biological parents of a child over their step-parents. However, there are some ways that a step-parent can obtain the same rights as a biological parent. If a biological parent surrenders or dissolves their paternal obligations, the step-parent would then be able to legally assume parental responsibility through adoption. If this happens, then legally speaking, the step-parent would be granted full parental rights equal to that of the biological parent.

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