Divorce Guide

Divorce Guide


Father's Divorce Rights


When it comes to the divorce of the parents it is the child custody that is a matter of concern for the court as well as for the divorcing spouses. No body wants to be parted from their children and therefore, the conflict over the custodian rights sometimes gets really fierce. There is a common perception that physical custody is awarded to the mother of the child, but that is not true according to the law. The law says that the father of the child is equally eligible for getting the physical custody of the child. In fact, the father's divorce rights permits him to get the custody of the child as well as receive the child support from the other spouse if the court feels that it is in the best interest of the child.

When it comes to child custody, the mother of the child should not take it for granted that the custodial rights will be conferred to her only because she is the mother of the child. You can not deny the father's divorce rights to get the custody. But the fathers on the other hand should not be in mind set that they will get the custody rights only because they are earning more. It is the best interest of the child that is the matter of concern while deciding on the custodial rights. Therefore, both the parents have the same chance getting the custody. If the court feels that the father of the child is the best person to take care of the upbringing of the child, then the court will confer the custodial rights to the father. Even if the court does not give the sole physical custody to the father, a shared or joint custody can be ordered so that both the parents get equal chance to spend time with the child.

If the father does not get the physical custody of the child which is ordered in favor of the mother, the father gets the visitation rights. It will give him sufficient chance to meet his child and spend time with him or her. The court decides on the details of the visitation like the time and place of the visit, frequency of the visit and the duration of the visitation. Both the parents are bound to maintain the visitation order as specified by the court. If anyone of the spouses fails to maintain the order the court might modify and change the custody and the visitation order.

The father of the child also has the right to get child support if he gets the physical custody right of the child. Especially if he is earning less than the other spouse and having sole custody, the child support is ordered by the court.

So, it is evident that father's divorce rights are honored by the court in all the aspects whether it is the custodian rights or the child support. All you need to do is present your case properly before the court and be ready with all the responsibility that comes with the custodian rights or the visitation rights.


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