What rights do fathers have in a divorce?

What rights do fathers have in a divorce?

When parents undergo a divorce, it’s not unusual for the father to wonder what his rights are when it comes to child rearing and other important issues. Skilled attorneys understand the importance of protecting the rights of fathers during and after a marriage. If you have questions or concerns about securing those rights, contact a law office to request a free consultation with a family law attorney. The sooner you call, the sooner they may be able to represent you and provide you the insight that can help you make informed decisions. A family law attorney from can represent you during the divorce proceedings as well as determining a parenting agreement with your spouse. Below is some information about fathers’ rights that may be helpful to you in advance of meeting with one of our attorneys. Every situation is different which is why it’s important to follow up with a knowledgeable child custody lawyer  Phoenix AZ trusts who can assess how the state’s divorce laws may affect you.

A Father’s Rights When It Comes to Family Planning Issues

Though you will eventually complete the divorce process, if you haven’t already, this does not mean you have no interest in your child. In fact, laws are in place to protect your rights and give you a say in how your child is raised. However, there are exceptions. A family law attorney can review your particular concern and explain the legalities surrounding it. Here is a general overview:

  • If the mother wants to put your child up for adoption, you have the right to file a legal objection with the help of a family law attorney. You also have the right to file a petition to get custody of that child.
  • If the mother wants to terminate the pregnancy, though you are the father, you do not have the legal right to prevent this from happening.
  • If the mother brings your child to term even if you wanted her to terminate the pregnancy, you may still be responsible for paying her child support after the child is born.

A Father’s Right to Take Parental Leave from Employment

When a child is born, it’s critically important for their development that they have the opportunity to bond with their parents. This has long been recognized when it comes to the mother, but it is just as important for the father to be present. Thankfully, the federally sanctioned Family and Medical Leave Act recognizes this. This legislation allows parents to take up to twelve weeks of unpaid leave from work. In some states, paternal leave is not unpaid. Talk to a family law attorney to learn more about how this important law may affect your unique situation.

A Father’s Rights When It Comes to Custody of Their Child

A father has just as much of a right to seek custody of their child after a divorce. There are various child custody arrangements that are possible. A family law attorney can help you determine what is an optimum choice for you and will be in the child’s best interests as well. We can also work out the formal legal documents that will protect your rights and reflect the mutually agreed upon arrangement.


Thank you to our contributors at Hildebrand Law for the insightful information above on father’s rights during a divorce.

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