Fathers Custody Agreement Rights

After divorce, child custody is often given to the child's mother. This perceived bias is frustrating for many fathers who believe they have an equal right to custody. It is crucial to remember that custody matters favor the child's best interests.

About Child Custody

Child custody disputes are most common in divorce. The parent who has sole or primary custody is called the custodial parent, while the parent with visitation is called the non-custodial parent. Both parents have equal rights to see and make decisions for the child, regardless of who has physical custody.

Who Gets Custody

In most custody matters, the primary caregiver retains primary custody, unless there is a valid reason otherwise. This is often the mother, who stayed at home with the children while the father worked. Some fathers perceive this as an unfair bias in the legal system; in reality, this practice is in the best interests of the child.

The Child's Rights

Custody matters always focus on the child's best interest first. Living with the primary caregiver disrupts the child's day-to-day lifestyle the least.

Visitation Rights

Non-custodial fathers have a right to see their child as often as possible; visitation rights ensure this happens.

Child Support

Failure to pay child support is not a valid reason for the mother to terminate visitation. The mother must continue following the visitation schedule unless a court order or custody agreement modification says otherwise.

References

• "Family Law, 9th Edition;" William Statsky; 2008.

Resources

• Cornell University Law School: Federal and State Resources for Child Custody