How to Get Divorce Papers and Rights As Single Fathers

5 Lesser Known Rights of Fathers

The family unit is not as simplistic as it once was. The idealized and picture-perfect family comprised of a mother, a father and 2.3 children are quite far from reality. Families are more complex than that. People get divorced or they don’t get married in the first place. When going through a divorce a couple will find themselves learning how to get divorce papers. There are same-sex marriages and other variations in the structure of a family. These are simply the times we are living in and yet, it can also make the law seem daunting and confusing. There is a popular notion that the mother has more rights than the father. Whether this is legally true is a different argument. The fact remains that fathers do have rights. They are vital to the child’s growth and happiness. It is for this reason that the courts in most countries strive to keep the father as involved in the child’s life as possible. They do this by providing fathers with rights which they can call on when needed.

1. Physical custody

When it comes to who spends time with the child, the law does not discriminate. To ensure a balanced life for the child in question, a father has every right to request an equal share in time spent with the child. Full physical custody is not immediately given to the mother and it is the aim of the court to divide this time equally. Obviously, there is scheduling involved and ideally, this is drawn up with the best interest of all parties involved.

2. Establishing parentage

A parent is not a parent simply because they claim to be. This needs to be established legally. A simple DNA test is sufficient to establish the parentage of the child. Once this is done, and then the biological father is entitled to petition for either visitation and/or custody rights. The question, of which the biological father is, generally comes up more frequently when the parents were not legally married at the time that the child was born. There are however circumstances when even married couples would need to establish parentage.

3. Legal Custody

Once a father has proved to the court that they are indeed the biological father of the child then they are provided with the right to sue for custody. This should not be overlooked or brushed aside in presuming that the mother will be granted custody. Each parent has equal right to request custody of the child.

4. Child support

Child support is not only paid to a mother. It is rather divided equally between parents. Each parent is as responsible for the financial support of the child as the other.

5. Father-child relationships

Barring extraordinary circumstances, most courts maintain the stance that it is essential to preserve the bond and relationship between a father and child. It is considered vital for a child to maintain contact and interaction with their father. The law therefore generally strives to ensure that this relationship remains intact, functioning and healthy. This is done via a fair division of both custody and visitation time.