How Do I Protect My Rights as a Father in a Divorce?

father with child

Going through a divorce is always stressful, but it can be especially difficult when you are a father who does not want to have their children taken away from them by the court. Fathers have rights too, and they should be able to argue for custody and visitation of their children. While things have improved for fathers, this can still be an uphill battle. Our fathers’ rights attorneys in Bergen County, NJ may be able to help you.

Do a Father and Mother Have Equal Rights When It Comes to Custody and Visitation?

There is a common misconception that the courts are going to favor the mother when it comes to child custody and visitation. That may have been a bit of a problem at some point, but the courts have improved in recent years, making it easier for a father to secure their rights. They are no longer seen as the “secondary” parent automatically.

You can make the case that you should have primary custody or joint custody. You can let the court that you know your rights and that you are ready to fight for them.

What Should I Avoid During My Divorce Case?

Divorces can be contentious, but we recommend that you remain as calm as you can. If you frequently argue with your former spouse, yell at them, or make threats, that can all come back to haunt you later on. You need to keep a cool head and communicate as much as possible through your lawyer. This is especially important if your spouse accuses you of any crimes, like domestic violence, that could jeopardize your chances of securing custody or visitation.

What Rights Does a Father Have Exactly?

To be clear, a father’s rights extend to more than the ability to file for custody or visitation. A father has the right to:

  • Spend time with their children
  • Talk to their children
  • Be notified when their child is sick or injured
  • Attend the extracurricular activities of their children, like school plays and sports games

If your former spouse has primary custody and works to keep you away from your children, your rights are being violated. Taking them to court and hiring an experienced father’s rights lawyer should be your next step.

What If My Former Spouse Tries to Move?

You also have a right to know when your former spouse is moving the kids out of the state. They must request the court’s approval and show that there is a good faith reason for the move. The move cannot just be an effort to keep a father away from their children.

Contact Our Law Firm Today

If you are in the middle of a divorce or custody battle, you do not have to try and win all by yourself. Contact Townsend, Tomaio & Newmark to schedule a consultation and learn more about how our attorneys can assist you.

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