Father’s Rights
We Take Justice to Heart
Fortwayne Divorce Law understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
Our priorities are your priorities.
His Child, His Rights
As part of any divorce or custody battle, a father’s right can often be completely misplaced or ignored altogether. The father is a part of a child’s life, and they should be allowed to do more than pay child support. As you read through this list of rights, remember that we can help you when you believe that you have not been protected by the state, your current lawyer, or your spouse.
A Father Should Not Have to Move Out of His Home
A father has a right to stay in his home and with his children until such time as the divorce has been finalized. This is very important because most fathers will instantly move out the moment that their spouse asks for a divorce. This is not a good idea because the father should be allowed to be a part of his child’s life until an agreement has been reached. In some cases, the father might not get visitation at all until he has gone through a difficult legal battle.
A Father Deserves Visitation
Fathers have a right to a visitation schedule that is fair to them. The mother does not get to decide when the father can see his child. The schedule must be created and approved by the court before anything can happen. In this case, the father should make sure that he has a schedule that is comfortable for both parties.
Because the father is allowed visitation, he is allowed to also take the child out of the state, on vacation, or to see extended relatives. This is very important because many fathers are told that they cannot do anything with their child except sit at their ex’s house.
There is no need for supervised visitation unless the court has ordered such a thing. Father’s should not assume that they need to have someone watching them at all times.
A Father has Rights to Fair Child Support
Child support is required when a father is not the custodial parent of his child, but he should not be forced to pay too much. When a man cannot pay the amount that has been requested by the mother, he cannot manage his finances properly. Because of this, fathers should work with us to ensure that their child support has been calculated properly.
Fathers should never agree to a child support figure that was calculated by the mother. One of our attorneys will determine the appropriate amount of child support, and the father will pay that amount instead of any outlandish figures the mother has chosen.
Paternity Testing
The Father Has A Right To A Paternity Test
When fathers are seeking visitation, they may need to go through a paternity test. This test is very important because it can prove who the father truly is. This is a good way for many fathers to gain visitation rights. These fathers might have been told that they have no right at all, but they can establish their parental rights by taking a paternity test. When a lawyer gets involved, we can ensure that that test is provided to the court.
In these cases, the father can create a new custody arrangement given that he has shown that he is the biological father of the child.
Fathers Have The Right To Question Paternity
There are cases in which men have been backed into a corner and told that they need to pay child support even though they are not certain that a child is their own. When this is the case, we can get a paternity test and show the court that this father is not legally responsible for child support and other expenses. This is a relief for men who have been forced into a bad situation that they feel they cannot escape.
Custodial Rights
A Father Has The Right To Be Near His Child
If the mother of the child is attempting to leave the state, a father has the right to request a hearing reviewing the legality of the move. There are instances in which the father cannot afford to move or believes that the mother is attempting to remove his child from his life. There is no way to know unless a hearing occurs before a family law judge.
We will ensure that any move made by the mother is reviewed and tested in a court of law.
A Father Has The Right To Request Full Custody
Men are hardly ever given full custody of their children, but there are times when that is in the best interests of the child. When you work with us we will ensure that the father can petition for custodial rights. The father also has the right to request a unique arrangement that would keep him closer to his child.
The father might ask that the child remain in the family home while the parents rotate in and out of that space. This is a good way for the father to remain in the child’s life without moving to a random location that could be far away.
Fathers also have the right to petition for full custody when they realize that their children are parented properly with the mother. The mother might have remarried or mistreated the child, and a father can ask the court to reverse its earlier ruling and grant him full custody.
Reach Out for Help for all Father’s Right Issues
Fathers have rights when they are seeking custody of their children. Men should not agree to anything without speaking to one of our lawyers first. We can ensure that the father is allowed the custody he is entitled to, and we can also create an appropriate visitation schedule. We make sure that fathers are given the chance to be a part of their children’s lives instead of remaining at the mercy of their ex. Children should maintain a loving relationship with their fathers, and our lawyers can help with any custody battle.