Discussion about child access rights for fathers are important. Due to prevailing stereotypes and misconceptions, males in our society are often considered incapable to care for their children.
Many people believe that there is a prejudice in the family court system against fathers. As a result, some fathers give up or concede before even attempting to fight for additional time with their children.
It is quite common for mothers to be regarded as the primary caregiver for children. This is because of social factors such as the mother taking time off from work to care for them.
There is no gender bias against fathers. Rather, courts prefer to pacify and side with the child’s primary caregiver. A struggle for child custody can be intimidating for a man and that is why child access rights for fathers should be also recognised for their sake.
Child Access Rights: Family Law
The law states that children have the right to a meaningful relationship with both parents. They also have a right to be protected from all kinds of harm. The assessment of the necessity to safeguard children from danger must be given greater weight by the court.
The Family Law Act of 1975 is makes no assumptions regarding parental responsibilities. You’re more likely to negotiate a fair child custody agreement that corresponds with the best interests of the child if you have a child custody lawyer on your side.
Parental responsibility refers to all the tasks, powers, responsibilities, and authority that parents have over their children. Each parent has parental responsibility regardless of the nature of relationship they share. Parental responsibility is applicable in marriages, or de facto relationships.
When parents of children under the age of 18 divorce, they continue to share parental responsibility for their children. If the parents want to create a legal duty to make crucial long-term choices about the child’s care and upbringing together, they should make or obtain an Equal Shared Parental Responsibility order from the court.
Things like where a child will go to school, critical health decisions, and religious beliefs are examples of major long-term issues.
Child Access Rights For Fathers: Establishing Paternity
It is necessary to establish paternity to understand who the legal father of a child is. Parties often raise paternity problems during child support disputes. They can also arise in instances concerning adoption, inheritance, custody and visitation, and health care. The court will only establish child access rights for fathers after paternity is confirmed.
This is especially true if you have a child with someone who is not your spouse. While this may appear off-putting and may result in difficult conversations with the child’s mother, keep in mind that this law exists for a purpose. It makes it extremely difficult for a woman to decline visitations once the father has been legally recognised.
Child Visitation And Custody For Fathers
After paternity has been verified, a father may be obliged to pay child support and may seek child visitation or other custody rights. An attorney is familiar with the requirements in these instances and can guide you through the steps.
When it comes to access to children, fathers have the same rights as mothers. When one parent requests access to their child, it is critical to distinguish who makes decisions for the children and to contact the child’s primary caretaker.
Parties may have to attend a court hearing if an agreement cannot be reached. In this scenario, your lawyer will fight for you to get an outcome that is both respectful of your parental rights and in the best interests of your kid.
Terminating Child Access Rights For Fathers
Parents generally have the right to decide on their child’s care and custody. People can terminate parental rights on an individual basis, either voluntarily or involuntarily. Termination of child access rights for fathers can be a difficult process that differs from state to state.
A father’s rights lawyer will know each state’s requirements for termination and will guide you through the process. Involuntary termination occurs when a parent attempts to legally terminate the child access rights of fathers.
Moreover, when a state agency commences legal actions to remove both parents’ rights for adoption, involuntary termination can occur without either parent’s agreement.
When a parent or agency seeks involuntary termination, they usually state following reasons:
- The kid’s abandonment;
- Failure to support the child;
- Child abuse;
- If the parent is in jail; and
- Other circumstances that count in favour of termination of child access rights for fathers.
Being a victim of involuntary termination is a tough circumstance, and lawyers will fight to ensure that child access rights for fathers are granted.
Additional Tips For Fathers
Be diligent when making child support payments
As the father make sure you pay the mother whether you have a formal or informal child support agreement.
If you don’t, you risk jeopardising your chances of getting the custody arrangement you want. Informal payment agreements are not ideal, but if it’s the only option, make sure to maintain track of all payments for child’s support to enforce child access rights for fathers.
When it comes to documentation, it’s best to keep detailed records of everything. This encompasses everything from child support payments and visits to after-school activities and more.
You don’t want to leave anything to chance, and you certainly don’t want your child custody struggle to be decided by a “he said, she said” argument. Play it safe and keep track of everything.
Do your best as a father
As obvious as it sounds, fathers must maintain a strong and meaningful relationship with their children. Attend events, assist with homework, enjoy birthdays, and stay involved in your child’s life.
Make sure your child has their own room in your home, with a bed and a place to store their belongings. If you don’t, the court might think you’re not a good parent.
Importance Of Seeking Legal Advice
Another helpful tip is to seek legal advice. This article addresses child access rights for fathers but a mother is no exception when also trying to deal with the same kind of matters.
Regardless of whoever is the parent, JB Solicitors take pride in helping parents enforce their child access rights. We have experienced family solicitors who can help parents in deciding the best approach to having access to their children.
Our mediation and arbitration services are also available for parents who want to reach a mutual agreement on arrangements and visitation schedules. Should matters escalate, our solicitors are more than prepared to represent you in court for your legal matters.
Make an enquiry with JB Solicitors today.