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Divorced Fathers Rights

Quick Guide to Divorced Fathers Rights

What Rights Do I have as a Divorced Father?

Your lawyer will discuss all possible options you have as a divorced father.  Custody and support laws vary from state to state, and you should know your complete rights so none of your fatherly entitlements are denied by your spouse.  

There are number of things you want to be prepared to discuss with your lawyer, and the list below provides only short list of procedures and situations you should discuss.  

1) Ask your lawyer about your rights as a “managing conservator” after the divorce.  Joint Managing Conservatorship is possible even if your spouse does not agree, and the measure allows the primary residence of the children to exist equally and separately between both homes.  

2) Ask your lawyer about your divorced fathers rights involved in establishing the “domicile” of the children.  Ask your lawyer if they can write a clause within the custody agreement that states the county of residence for your child until altered by a later court order.  

3) If your divorced fathers rights involved visitation, ask the court if you can pick the children up from school on Friday and return them to school the following Monday.  If your job interferes with picking the children up form school, ask a court if you can pick up the children from daycare or a similar location.  You should also ask the court for your right to have custody of the children during the middle of the week. 

Additionally, don’t let your other spouse deny you your divorced fathers rights to contact the children throughout the week.  Ask a court to establish the days and times you can contact the children over the telephone or similar method.  

4) Talk to your lawyer about “pick up exchanges.”  You need to ask the court that pickups not occur at school or daycare if the distance is unreasonable for you to drive and pick them up.  Ask the court to give you permission to pick up the children from your spouse’s house or a location between the two homes.  If you agree to pick up the children from your former spouse’s home, they should also agree to pick the children up from your home.  

5) Know your divorced fathers rights to receive child support or even spousal support.  Although the majority of men still end up paying child support and spousal support, you may be able to receive support for the children if you are the custodial parent and receive less income than your spouse.  Don’t feel obliged to provide support for the children or your spouse if you have the right to receive support.  

6) Know your divorced fathers rights to modify your child support payments.  If you have lost your job or received a demotion and can’t pay the amount of support issued by the court, you need to ask your attorney to order modification.  A court will adjust your payments according to your new income, but a court will not modify the support until you take the rights steps.  

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