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Father’s Divorce Checklist: How to Protect Your Rights

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While the divorce may still seem fresh, most couples also tend to settle the custodial agreement of the children.

This process takes many factors into consideration as the court must determine which parent will provide the best care. With today’s modern age, fathers are also able to win custody of their children if they can provide the necessary needs that the court views as vital in the upbringing.

While there is still a bias against fathers winning custody over mothers, there is still a chance at gaining custody of your kids now than ever before.

This simple checklist will help you cover all the aspects of the divorce and custodial issues of your rights as a father. To ensure that you prepare yourself for a position to win, a father must have:

  • History of adequate childcare
  • Modeling positive morals and values in the upbringing
  • Providing appropriate discipline to child
  • Providing most financial support
  • Actively communicates with teachers, coaches, physicians, and other adults involved with child
  • Willing to sacrifice self-interests to gain custody of child

Consider the Joint Managing Conservatorship

This means that the father will manage as a conservator after the divorce is finalized. Even if the mother does not agree, you can ask that the designation of the child’s primary residence for the child will be at your residence.

Visitation Rights

If you are only granted visitation rights, you must ask for the right to pick up the child at school on Friday and return them to school on Monday.

However, if your job does not permit this, you can also ask to pick them up elsewhere after school. This is favorable when the mother will also be working and face the same issues. Fathers should be able to contact their children every night and specify the time and days.

The time when kids spend with the non-custodial parent is visitation rights. Unless there is some kind of physical endangerment to the child at hand, the court will allow freedom and visitation rights to the father. This is crucial for the child’s upbringing as the father’s involvement is important for their overall growth.

Insist on Neutral Pick Up Site

This is when you and the parent will decide when a neutral site is possible or when it is not. You can ask to pick up the children at their house, as the parent will then pick up the children from yours.

Notify the Amount of Support

If you are to pay child support and have recently lost your job or making less money than you were then the support was issued, you must immediately go to the Attorney General and ask that your order is modified to reflect the present financial stances.

Otherwise, you will be left with hard issues when you continue to pay the same rate that you cannot currently afford.

Ability to Communicate with Spouse

Fathers will have a higher chance to gain custody if they are more than willing to communicate with their spouse regarding their children. Everything the parents do must be illustrated towards the best interests of their children.

Don’t wait until it’s too late to fight for your rights as a father. Be sure to hire the right lawyer that can provide you with the tools and information you need to secure your rights.

Don’t make the same mistakes other fathers made in the past and fight for your children. See more stories and tips.

3 Things Unwed Fathers Must Know About Their Rights

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3 Things Unwed Fathers Must Know About Their Rights

If you find yourself stuck in this situation, there are some things to consider and help you prepare for your role of child custody and care.

Here are 3 things unwed fathers must know about their rights.

Establish paternity as the father

In the United States, a married couple has the legal presumption that the husband is the father of the child. However, when the child is born out of marriage, there is no legal claim of paternity.

Without the legal affirmation, the father has no legal right to visitations, shared custody, or the ability to make decisions about the child’s welfare.

The easiest way to establish paternity is to ensure that the unwed father’s name is written on the birth certificate and with the mother during the birth of the child. If the mother contests to the father’s paternity claim, he can petition to establish his paternity and take a test to claim his parental status.

Gain Rights in Custody Agreement

Once the unwed father established his legal claim to paternity, he must determine his custody status. All men are legally claimed as the father has the same rights, whether they are married or not.

If the unwed father and mother are raising the child in the same home, custody is not considered an issue. However, if they separate, the father will need to propose a petition to establish his rights to shared custody.

Pay Child Support

Regardless of the custody agreement, fathers have financial responsibility for the child. The only way the father can avoid child support is to give up his paternity rights of seeing his child.

If the parents are raising the child together, the financial support will happen without the court. However, if the parents separate, the child support will become a formal obligation through the court.


Unwed fathers have all the rights and responsibilities of any father. However, it is important to establish those rights legally and take the appropriate steps to meet those obligations.

3 Factors the Courts Consider When Granting Fathers Custody Rights

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Courts Consider When Granting Fathers Custody Rights

While the ideal arrangement in the court is for parents to share custody of their children, there are many situations where it is deemed impossible. In these cases, the courts would consider awarding full custody to one parent with visitation rights to the other.

However, if you can show that you are the better caretaker as the father, you have a chance of getting full custody.

Here are 3 factors the courts consider when granting fathers custody rights.

Acknowledged paternity

Fathers who are interested in gaining full custody of a child will be considered during the proceeding in the court. If the father signed the child’s birth certificate, the will also be considered during the proceeding. If the parents are not married during the birth of their child, they must establish paternity and pursue visitation rights.

Relationship between father and child

The judge will consider the father’s relationship with the child before awarding full custody rights.

The father must be prepared to respond to questions in regards to his relationship with the child. If the case is long-standing, the judge will ask about previous rights in visitation.

Relationship between mother and child

The court tries not to interrupt a previous child custody arrangement that has been working in the long term, especially if the mother is the primary caretaker.

However, the court may consider changing the arrangement if the child is found to be in danger. If the father wants to gain full custody, he might be prepared to show proof or evidence that changes the circumstances in the custody agreement.

Unwed Father

Fathers who want to gain full custody rights of their children must be ready for the courts’ decision, especially as they often reward mothers with generous visitation rights.

The relationship with both parents will be considered in winning rights as the main goal is to be placed in the best interest of the child. Keep in mind that each state has their share of laws in terms of child custody.

While unmarried fathers have rights, it is important to understand the limitations before moving forward.

4 Child Custody Options to Consider After a Divorce

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4 Child Custody Options to Consider After a Divorce

Let’s face it – divorce isn’t all glitter and happy endings. This is especially true when children are involved. When a couple accepts that they are no longer in a healthy, active relationship, the most common issue a father has to deal with is the custody of the children.

Where will the children stay? How much time will the father be allowed to spend with them? While some couples are lucky to be able to agree on custodial terms, many families are faced with the hardships on where to stay and who to live with.

Here are 4 child custody options to consider after a divorce.

Split Custody

If there is more than one child, they will split up between parents and be given a schedule to access with the child that does not live with you. This option is only used when both parents agree that it is best for the children.

Serial Customer

This happens when both parties get legal and/or physical custody for a certain number of years and switch. The non-custodial parent must maintain regular visits as they require ongoing relationships with both rather than one at a time.

Third-Party Custody

This option is for parents who give someone else custody of the children. This is often the grandparents or siblings of either party. It is usually decided when the judge deems that both parents are incapable of taking care of the children or pose danger to the family.

Joint Custody

Legal joint custody offers a 50/50 share for partnership. When couples split up, they often have trouble making appropriate custody arrangements and leave it to the judge to make the necessary decision. Most often, fathers are left with the short end of the stick.

In fact, 85% of cases allow mothers to gain sole custody of the children while fathers are allowed visitation rights to be used 1/5th of the child’s time. Unwed fathers guide!

Gaining custody of the children should not be used for pain or harm. Make sure it is given towards the love for your kids. The case for custody should always be based on what is best for the children and improve their life after the divorce.