Monday, January 24, 2011

Who Has The Power???

What’s the difference between custody and visitation?

I AM NOT a lawyer but I have spent enough time in a court room to understand my rights as a Dad.

I have an associate who is entrenched in a legal battle with the mother of his child. She refuses to allow the man any consistent visits with his son. The parent’s relationship soured some time ago and the mother appears to be using the child as a pawn, attacking the Dad to weaken his defenses at every opportunity. By all counts the man in the situation just wants to be a Dad. Unfortunately, though the legal system does favor the mother in MOST custody cases some Dads have been negligent of their rights and responsibilities.

In the state I reside in; once a man acknowledges paternity (this is different from signing the birth certificate) he has equal rights to his child. So unless a judge orders him to stay away from his child, technically the mother CAN NOT keep the Dad away from the child. Of course there are certain circumstances that may change the rules (cases of abuse or neglect come to mind right away).

Once it has become obvious that the relationship between the mother and father can not continue in a productive and respectful manner the decision to establish custody and visitation must be made and carried out. Because custody and visitation are SEPARATE issues, responsible Dads should insist on joint custody and establish a consistent pattern concerning visitation. Medical and education decisions should also be agreed on.

Each jurisdiction is different so make sure to check with a local lawyer (yes peace of mind often costs). Dads are gaining momentum, and the courts are beginning to see through the drama. Mothers do not have the power to decide when and how Dads should parent.

KEY POINTS
  • Seek legal help immediately – There are organizations that offer consultations for custody and visitation issues.
  • Adhere to all court orders and Judge’s rulings – If you miss a date; document it.

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