Fathers’ visitation rights in divorce and child custody cases can be reasonable, fixed, or none at all. Custody rights involve decision-making for the child’s welfare. Unmarried fathers may need to establish paternity before seeking visitation rights. Family courts consider various factors to determine the best interests of the child and may grant visitation rights unless there are concerns about abuse or harm.
Divorce and child custody proceedings concern visitation rights of fathers when minor children are involved. Couples can also reach a resolution about child visitation without a court order, such as in legal separations or divorce settlements. Visitation rights for fathers are those rights of a father to spend time with his children and the courts may grant reasonable visitation, fixed visitation or no visitation at all.
Reasonable visitation rights are those where the courts leave it to the parents to determine the timing and duration of the visitation, because the parents are still able to cooperate with each other. Fixed visitation rights are those where the court determines a visitation schedule, including when, how long, and in some cases where the visitation is to take place. A judge often grants fixed visitation rights for fathers if the parents are unable to communicate with each other to work out their own arrangements. Examples of fixed visits are visits during the summer, specific holidays, or every other weekend.
Child custody rights concern how a parent can raise the child and how and by whom decisions regarding the child’s care and welfare are made. For example, a father who is awarded custody has the right to determine which activities the child can participate in. Custody rights are different from visitation rights for fathers, which are limited to the time a father can spend with the child. An unmarried father often must first establish paternity, sometimes through a DNA test, before he can apply for visitation rights in a court. Married fathers have presumed visitation rights and often receive some form of visitation rights, unless the mother can file a case persuading the family court not to grant any visitation to the children.
Visiting rights for fathers are often established by family courts in connection with divorce proceedings. In the cases of an unmarried couple, these rights are established when the court determines custody of the children. The court examines the facts of the case, the financial circumstances of the father and mother, and other factors to determine what is in the best interests of the child. The unmarried mother often receives full custody of the child unless the father can prove that the mother is not eligible to parent. The court often grants visitation rights to the father if it grants custody to the mother, unless the father is abusive or the mother can demonstrate that visitation would be harmful to the child. In these cases, the court may grant a supervised visit rather than no visit.
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