In the past, courts often favored mothers in custody and visitation decisions. Thankfully, that’s no longer the case. Today, Westborough Family Court recognizes how important it is for kids to have both parents involved in their lives—provided it’s in the child’s best interests. Even so, fathers still need strong legal support to make sure their rights and needs are fully protected in family law cases. Here’s a look at some common challenges fathers face and strategies to help protect their rights and how a Westborough father’s right attorney can help.

What Are Father’s Rights?

Father’s rights refer to the legal entitlements and responsibilities a father has concerning his children, especially in areas like custody, visitation, child support, and major decision-making. These rights are designed to guarantee that fathers have a meaningful role in their children’s lives, even after separation or divorce. Fathers are entitled to seek fair custody arrangements, participate in decisions regarding their children’s welfare, and provide (or receive) financial support, ensuring their involvement in important aspects of their children’s upbringing.

Custody and Visitation

If both parents are married and a separation occurs, rights regarding custody and visitation will be determined through either divorce proceedings or another action like a complaint for separate support (otherwise they share rights for physical and legal custody while married). For children born outside of marriage, things get a little more complicated for fathers.

In Massachusetts, sole physical and legal custody is assigned to the mother when children are born outside of marriage. This is true even when the father submits a voluntary acknowledgement of paternity or has their name on the birth certificate. In order to establish any rights regarding physical or legal custody, the father will need to file a complaint for “custody, support, parenting time” with the probate and family court.

In the filing, father’s can address the need for physical custody – the arrangement that determines where the child will live on a day-to-day basis – or if the child lives with the other parent, the father can address the need for a comprehensive parenting schedule that can cover everything from assigned parenting time to pickup and drop off locations to holiday arrangements each year. Father’s can also address the lack of legal custody and establish a right to be included in decisions about the child’s life, well-being, and future. Legal custody is concerned with things like education, medical care, religious upbringing, and other significant aspects of their development.

Both physical custody and legal custody can be sole or joint. If the father is not the custodial parent, he should expect to pay child support based on factors like the amount of parenting time, obligations to other children outside the relationship with the other parent, and income, to name a few. If legal custody is shared, decision making will require the input of both parents.

Once custody and visitation are established, it can be difficult to change without a significant change in circumstances to justify a modification to the order. This is why it is very important, especially for dads who are not married to the moms, to seek help from an experienced father’s rights attorney.

Child Support

Child support is a financial contribution made by one parent to help cover the costs of raising a child, including expenses for housing, food, healthcare, and education. Some fathers are not aware that if they have custody of the child, they may be entitled to receive child support from the non-custodial parent to help with certain costs associated with raising the child. If the father is the non-custodial parent, he may be required to pay child support to the mother or the custodial parent to contribute to the child’s well-being.

Fathers have the right to request modifications to child support orders if there is a significant change in circumstances, such as a change in income, custody, or the child’s needs. The amount of child support is typically determined by state guidelines, which consider both parents’ incomes, the child’s needs, and the amount of time each parent spends with the child.

What Are the Challenges to Enforcing Father’s Rights?

Even though courts have moved away from favoring the mother, judges sometimes have unconscious biases. An effective father’s rights attorney will protect your rights and help navigate around these biases not only from the judge, but in the legal system itself.

Perhaps the largest hurdle to enforcing father’s rights is the lack of awareness. Many fathers may not fully understand their legal entitlements or how to navigate the complex processes of custody and child support. Fathers may simply assume that the mother of the child holds all the cards and that they have no rights. This lack of knowledge can prevent them from taking the necessary steps to assert their rights, seek legal representation, or understand how to properly advocate for fair treatment. Without proper information, fathers may struggle to ensure their involvement in their children’s lives or secure equitable custody arrangements. A father may give up their rights not because they are not interested in being a father but because they may not know any better. That is why consulting with an experienced fathers’ rights attorney is so important. They can help you understand your rights so that you can best protect them.

I’m Divorcing/Separating from My Ex…Any Tips for Dads?

If you are moving on from your former partner or spouse, it is tempting to get as far away as possible. However, if children are involved, your actions can negatively impact your rights. Here are some things that you can do to convince the courts to maximize your rights:

• Stay interested and involved in all major decisions involving your child.
• Likewise, continue to be present in your children’s lives, including attending sports, school events, etc.
• Avoid making negative comments about your ex or doing anything to alienate your children from the other parent.
• Do not self-medicate with drugs or alcohol. If you have a substance abuse issue, get help right away.
• Consider attending therapy or mediation with your spouse so that you can effectively co-parent.

Contact a Westborough Father’s Rights Attorney

Fathers play an essential role in their children’s lives. Our firm seeks to empower fathers, ensuring that they understand their legal rights and the steps they can take to protect those rights. Contact an experienced Westborough father’s rights attorney as soon as possible to protect your rights and relationship with your child.