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Father’s rights and child custody during a divorce

On Behalf of | Jul 14, 2021 | Fathers' Rights |

While divorce has been around almost as long as the institution of marriage, this does not mean getting a divorce is as easy as it is to get married. For couples in Florida and elsewhere., getting a divorce can be very complex, especially for those with children. Additionally, some fathers in the divorce process will feel like the legal system is working against them, as it has been commonplace for decades to award primary custody to the mother.

Father’s rights explained

The term father’s rights is used to explain the rights a father should be granted and protected when a child is involved. This not only includes rights related to parenting time with his children, it also refers to the rights of consultation before an adoption of a biological child and the right to take time off from work to care for or raise a child. While this expands to both married and unmarried fathers, the focus of this post will remain on married fathers asserting their rights to their children during the divorce process.

Child custody and parenting time

When a divorce is filed for, both parents have the right to seek custody of their child. For decades, it was common to award the mother with primary custody or sole custody, as she was likely at home raising the children. Today, it is far more common for both parents to work and spend equal time at home with the children. Thus, father seek a custody arrangement that resembles that. Often, this looks like a joint custody arrangement.

If joint custody is not the end result, fathers are still afforded visitation or patenting time. Therefore, it is imperative that this arrangement is understood and protected. Additionally, fathers should understand that it is possible to seek modification of this order, gaining more or equal time with his children.

Being able to assert father’s rights means taking the time to understand them. This will not only help the father understand what options they have and how to spot unfair treatment, but it will ensure that the best possible custody arrangement is set for the children involved. While that might not mean joint custody, it likely means consistent involvement of both parents in the lives of the children.


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