What Are Some Child Visitation Rights For Fathers? Also - Child Support Definition

Historically, one often thinks of a bygone era where child custody was always seen as a woman's right. But, times have changed, and a more enlightened world has realized that a mother as the sole custodial parent is not always the best solution.

Thus, what are child visitation rights for fathers custody rights today?

Once, fathers had to contend with a concept known as the “tender years doctrine,” in which the law felt that children needed the love and care of their mothers during their “tender years.”

Under that doctrine, custody was automatically given to the mother unless some overwhelming evidence argued against this. But, modern law has recognized that this concept is horrendously antiquated and often not in the children’s best interest.

As a result, modern trends in virtually every jurisdiction have recognized that fathers have an essential role in their children's development. The laws now favor some form of shared parental custody.

Custody Agreement Between Parents

In a shared custody arrangement, the parents split time with the children, often spending a few days a week with one parent and a few days a week with the other. Usually, some agreements are made when custody is determined regarding splitting holidays, as well.

While shared parental custody is ideal when both parents can provide equally healthy environments for the children and are still amicable, it is not the best solution for every case.

But, as is often the case, one parent may be better suited to parenthood than the other. In these cases, it will probably be necessary to have the court intervene and decide on the best custody arrangement and visitation schedule for child visitation rights for fathers.

Legal Elements

A court order on custody, also known as a “parenting plan,” will establish each parent's rights and responsibilities related to the children.

Except in extreme situations, the court will usually consider the parties’ wishes when creating the parenting plan and considers issues like available time to spend with your child, who has access to school and medical records, participation in school and extracurricular activities, etc.

Other topics. The consideration includes a history of abuse, chemical dependence, mental health, and other factors that could impact a child's health and well-being.

Once the parenting plan is created, what can a father do if the mother stops following it? If the problem only arises once in a while, it is probably best to talk to the other parent and work things out.

Learn more about the legal elements here.

If it is a constant problem, you should thoroughly document the violations, including dates, nature of the breach, your efforts to resolve the dispute, and the other parent's response. This will save you a lot of time and money when you finally consult with your attorney about enforcing the parenting plan terms.

Showing a pattern of violations is the only way to effectively demonstrate the nature and existence of a problem that the court will remedy.

The police may also assist you in enforcing the terms of a parenting plan. Still, it is crucial to consider the effect this approach may have on your children and on any future legal proceedings you may have related to custody. Police should probably be regarded as the final, “nuclear” solution, only used in the direst of circumstances.

Parental Rights And Child Support Definition

Notably, a parent who repeatedly violates a custody order may lose their primary custodial parenting rights, or at the very least, lead to a change of the parenting plan.

This is particularly true if the other parent is attempting to alienate the children against the other parent. The police may also assist you in enforcing a visitation order, but it’s essential to consider the impact the appearance of police officers may have on your children.

Of course, another central area of concern for fathers related to children pertains to child support. Although the laws vary from state to state, every state requires that parents provide for the financial well-being of their children.

Again, trends have changed from always requiring a father to provide the bulk of the support for a child. Child support is usually determined by a combination of income, amount of time spent with the children, and the children's financial needs.

As a result, it is often possible to lower your child support if your income has decreased significantly, if the other parent's income increased significantly, if you have taken on a much more significant role in the children's lives, or if your expenses have increased for reasons beyond your control.

Conclusion

Of course, intentional unemployment or underemployment will usually not be tolerated, and income may be attributed to you by the operation of law to ensure that your children are appropriately provided financially.

Regardless of your particular situation, it would be wise to obtain the assistance of an attorney in resolving custody, visitation and know more about child visitation rights for fathers.

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