Child support laws are based on the premise that “dear children” or “children of the father” have a right to an adequate level of health, life, and stability. In some jurisdictions, however, the state legislature has stepped in and legislated more stringent child support policies. Often these stricter policies are not driven by necessity, but rather, politically-motivated judges who interpret father’s rights more loosely. When a father loses his rights to his child in this way, it can be nearly impossible to recover.
Unfortunately, it is sometimes necessary for fathers to seek outside legal help when they are struggling with the ramifications of their actions. If a father wants to regain his father’s right to custody or visitation time, it may be necessary to obtain an attorney. The role of an attorney in this situation can be twofold. It can act as a mediator between the father and his ex-wife or it can also represent the father in court if the mother is contesting the father’s rights.
In many jurisdictions, the father is presumed to be the custodial parent. While a father can choose to live with his wife, most courts still treat the father as the custodial parent. This means that unless the father proves otherwise, he is presumed to be living with his wife and will be financially and legally responsible for her children. Unless the father can prove that he is not financially or legally responsible for the children, a court will often require the father to pay spousal support. If this support is awarded to the mother, it is called “custodial support.”
The father’s right to retain the services of an attorney is referred to as “custodial assistance.” The father should consult with his lawyer to determine if he is eligible for custodial assistance and, if so, what steps need to be taken to ensure that the attorney does not engage in any activities that further compromise the father’s right to retain his counsel. Once the father’s assistance has been approved, the lawyer will prepare all necessary documents including a master will.
The father’s right to be involved in the child’s upbringing begins at birth. He has the right to be the primary caregiver and to make important decisions about the child’s education, health care and religious upbringing. The father has the right to participate in the child’s decision making process through his role as co-parent. Custody and visitation rights are determined by the state and can change over time.
In a child custody case, it is essential that the father be involved and participate actively in the child’s life. Only if the father is truly involved will he be able to get the best results for his child. If the father wants to protect his rights to his child, he needs the help of an experienced lawyer. Even if you’re considering getting a lawyer, you should do a background check and consult with a court professional. It’s better to be proactive than to suffer the consequences of a bad decision made without proper knowledge.