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Crucial Points That Can Prevent Visitation Rights For Fathers
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It is often depressing and traumatizing for a father to keep battling for a custody right he should normally be entitled to; particularly, if he has just been through a legal battle in a divorce recently. A visitation right for fathers is always at issue and is often a fierce fight for fathers who wish not to relinquish a bond with their child. Father’s custody is always looked at with some degree of bias or prejudice no matter how much we talk about equality in our society.
When a father becomes a parent it often dawns upon him that the ‘self’ should turn towards selflessness. It is crucial for society to understand that both mother and father have a very important and vital role in a child’s psycho-social development. Often visitation rights for fathers are denied in courts of law. Not only are the denied father’s custody, they either end up being bankrupt or an emotional basket-case due to trauma and expense they incur during the legal proceedings.
Here is a partial list of things that can prevent one from getting visitation rights for fathers:
1. Paternity: It is not too difficult to prove one’s paternity in court; however, many fathers do not take to time to obtain a judicial order and run the risk of not having appropriate rights when the time requires it.
2. Father-child relationship: In cases where a fathers file in court to obtain their visitation rights for fathers, the court looks at the relationship the child has with the father as part of the process in determining access to the child. The court is, most often, pro-mother, so, a father must be prepared.
3. Mother-child relationship: Because of the court’s pro-mother bias the court more often does not give a father what he deserves regarding time with the child and, upon modification of an order, is very reluctant to change the custody of the child unless the mother is found to be totally unfit.
4. Absence of father from child’s life: If the father has been away from his child for a very long time, the child might not be able to accept him as a father immediately and easily. This is usually due to the alienation that the Mother has perpetrated in the case; the children against the father.
5. Unable to pay child support: If a father has been unable to pay child support, it can often serve as a major factor in the court’s decision regarding father’s custody. Visitation and custody are supposed to be, by law, mutually exclusive.
While fighting a legal battle you should be able to communicate with your kids with phone calls and regular contact. Once you are able to prove paternity you can apply for permanent orders regarding a parenting plan and/or child support. Once it’s a proven fact that you are the father of the child you are deemed to be responsible for the child and are also granted visitation rights. Also, it is always a good idea to work with the X, if possible, in order to maintain a peaceful and healthy environment around the child. Remember, a cordial environment is very necessary for your child’s development.
Alick Anderson is experienced lawyer and has several years of experience in father’s rights and child support modification. He writes articles on father’s rights, Father custody, Visitation rights for fathers etc.
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