Cohen Family Law Firm


How Can Someone Preserve Their Father’s Rights In A Custody Case?


The best thing a father can do to protect his custodial rights is to be involved with his children. Go to doctor’s appointments, go to parent-teacher conferences, and be involved in their religious upbringing, if there is any. That’s really the key. The worst thing you can do as a father to protect your custodial rights is to not be involved, just as simple as that.

What Strategies Do You Use To Safeguard The Father’s Rights In Child Custody Cases?

Safeguarding the father’s rights in a child custody case is not so much about strategy, as letting your client know what the standard is, if the court is willing to be using, and to put their situation forward in the best way possible to the court. Depending on the individual situation, a range of possibilities can be presented to the client, so that they have an idea of what they might expect in terms of resolves.

How Are The Father’s Rights Affected If The Parents Were Never Married?

Whether the parents were married or not does not affect the father’s custodial rights, as much as what was the living situation with the family. In other words, unmarried couples, very often, will be living together and raising children together as a family unit. Later on, if they split up, the fact that they had lived together as a family would support father’s argument for custody. The living arrangements between the two parties and the child or children is really more important than whether the parents were married or not married.

Sometimes, the father’s name is not on the birth certificate, but the mother has filed for child support. She will identify someone as the father. That person has an opportunity to either sign an acknowledgment of paternity, or there may be a motion for genetic testing that would need to be done, forced by the mother, to determine who exactly is the father and responsible for support obligations. But if a father is not on the birth certificate and he wants to gain custody, the level of difficulty really is determined by the position of the other party. The mother could agree that he is the father, even though his name is not on the birth certificate, and that would solve that issue. She could claim he’s not the father, which would force him into a position of having to file a motion for genetic testing to prove that he is the father, if his name is not on the birth certificate and if mother will not acknowledge that he is the father.

It could potentially create an extra hurdle for the father to be in custody of the child, if he’s not identified on the birth certificate and there has been no acknowledgment of paternity that has been signed.

Additional Information On Father’s Rights In Pennsylvania

Just know that having a good lawyer is very important, because they can guide you through what can otherwise be a very stressful process, can set realistic expectations about what a client could hope to achieve, and to be able to maximize the result in court.

For more information on Preserving Father’s Rights In Custody Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 238-3841 today.

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