Divorce Guide

Father's Rights For Equality In Divorce

Gone are the days when mothers enjoyed all the rights in a divorce and men were considered as the defaulter. There was a perception that mother is the only one who should be conferred the custodial rights and the fathers are there to pay the bills. But now-a-days things are different. Thanks to campaigns of the father’s rights organization, father's rights for equality in divorce are now reality and no more a myth. It is a fact that when it comes to divorce and related issues like child custody, child support, and visitation rights, fathers also enjoy the same rights as the mothers do. As per the law the court can not deny the custody rights or the visitation rights to a father only because he is a male. The court never discriminates the parties on the basis of gender while deciding on the divorce rights.

Custody rights –

When the parents of a child are getting the divorce, custodial right is the most debated issue. Though there is a general perception that it is the mother who has the advantage of getting the custody of the child, the reality is far from that. When it comes to decide on the custody of the child, the father's rights is equal to that of the mother. In fact the factors that are considered to determine the custodial right are completely different. The primary concern of the court to decide on the custody of the child is the best interests of the child. The court through its judgment wants to ensure that the child gets proper care, education, treatment and can spend maximum time possible with both the parents. The custodial rights are conferred to the parent whom the court deems fit to provide all these to the child.

Visitation rights –

Even if a father does not get physical custodial rights, he gets the visitation rights that will ensure that he too gets enough scope to spend time with his child. This is for the court to decide how often they will meet and for how long but the court can not deny the visitation rights on the ground that he is the father. But if the court finds that there is a chance that the father can anyway cause harm to the child, visitation rights can be denied. This can also happen in case the father by any means disobeys the court orders.

Family support rights –

The common perception about alimony and child support is that the male partner needs to give child support. In actuality if the father gets the custodian rights and the mother of the child is earning more than the father, the family support will be awarded by the court in favor of the father of the child.

Thus, it is very clear that fathers have equal rights in divorce and child custody. So, if you can present your case wisely before the court and mentally prepare to take the responsibility you too can get the custody of the child or get a family support from your spouse.

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