Fathers Rights In A Divorce
If you are a father in the State of Michigan getting a divorce this is the blog for you. In this blog, we will be going over the rights that you have as a father and what can be done in your divorce. Father’s rights aren’t the same as men’s rights. This has to do with how men will get an appropriate consideration in the custody of their children. The court that the court weighs unevenly will help the court determine will the children thrive more with the father or mother.
What Are My Rights As A Father?
As a biological or adoptive father, your rights are in no way distinctive from a mother’s. The only distinction is that if you are not married to the mother, then you will have to prove paternity (see the chapter on paternity. and non-marital children). However, as the father, you are statistically more likely to be the non -custodial parent (i.e. the ex-wife has physical custody). Therefore, this section serves more like a summary of the rights of a non-custodial parent. While the custodial parent is largely responsible for making the day-to-day decisions regarding the children, you (the non-custodial parent) still have the legal right to have a say in any major life decisions affecting your child including their education and medical care.
All parents also have the right to see and interact with their children even if they do not have physical custody. Unless your parental rights have been terminated for some reason, you have a legal right to visitation or “parenting time” with your children. Parenting time will often be one of the issues addressed in the final divorce decree. Any parent may take more parenting time than is mandated in the final agreement. However, the legal rights of a parent prevent their former spouse from permitting less than the agreed upon parenting time. They are likewise prohibited from intentionally sabotaging the relationship between you and your child. If you suspect that your former spouse is doing either of these things then you may be facing a case of “parental alienation”. If the situation is dire enough, it may be prudent to call the police. A parent who violates the parenting time agreement may be charged with contempt of court.
What Is Parental Alienation?
Parental alienation is an intentional act by one parent designed to undermine the relationship that the other parent shares with their child. Sometimes this is a means of taking petty revenge. Often, it is intended to convince the child and, by extension, the court that the alienated parent should have reduced or no contact with the child.
Alienation can be anything from lying to the child to poison their mind against the former spouse, or even wrongfully denying that spouse the parenting time they are legally entitled to. If you are the victim of a campaign of parental alienation, it is strongly advised that you keep fighting and try to keep a cool head. Any loss of emotional control will only make you look less stable and will further the alienating parent’s agenda. A provable campaign of alienation is proof that you are the more mentally sound parent. By definition, it is contrary to the best interest of the child and can be grounds for physical custody to be transferred to you. If the non-custodial parent refuses to return the child after the allotted parenting time, or if the custodial parent takes the children far away in violation of Michigan law, then the alienation has devolved into a case of parental kidnapping. In which case, you (the other parent) should call the police.
Conclusion
It can sometimes be much harder for fathers to get custody or other things in a divorce. This is why it is important to hire the right attorney so that you will get the results that you want and deserve. Fathers’ rights are important to Goldman and Associates and our attorneys will work hard to get the outcome you desire. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
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