Crucial Points that Can Prevent Visitation Rights for Fathers

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:

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.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.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 children 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.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.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.

Author Bio: 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. Rate this Article

Crucial Points that Can Prevent Visitation Rights for FathersNot Rated Yet

Alick Anderson has published 3 articles. Article submitted on September 19, 2013. Word count: 533

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Liberal and Forthcoming Visitation Rights for Fathers

Due to the increase in number of divorces each year there's an enormous increase in the number of child custody cases. It is true that a child needs both of his parents while growing up. Thus the court should be liberal and forthcoming in extending visitation rights for fathers. The longer the parent gets to stay with a child the better will be his overall development. Many a times the court is partial towards giving the custody to mothers in child custody cases, if you feel that you deserve the full custody of your child then you must appoint an eminent lawyer to fight your case for you.

You might not feel like spending a lot of amount appointing a lawyer in the midst of divorce and everyday fights with your wife as to who should get the custody of your offspring. Child custody cases require your utmost cooperation and might even be a little expensive but does it not lead to a lifetime of happiness for your child. This is not to say that your wife will be ungenerous or will have no sense of responsibility for your kid. Your unsuitable relationship with your wife does not mean you will have to sacrifice the love of your children or give up on the visitation rights for fathers reserved by the court of law. It is for this reason precisely that you should recruit the help of a renowned lawyer.

A lawyer at this critical juncture will be the answer to all your prayers. You can get his guidance as to how to proceed with your case. You must always employ a professional lawyer who has expertise in such cases. A lawyer who specializes in fighting child custody cases will definitely understand your problems well and employ methods to procure maximum visitation rights for fathers. Let us delve deep into understanding how exactly will hiring a lawyer support your case.

How a lawyer might maximize visitation rights for fathers?

Child custody cases have to be fought with a lot of delicacy because the child might feel unwanted by the non custodial parent. A professional will know how to make your kid feel cherished even though you may not win tedious child custody cases.The tactics employed by an attorney are unique they cannot be learned by you or your family member in a day or a month. The rigorous hours put in by a lawyer to procure this professional degree and the various cases handled by him gives him an insight into child custody cases.

In case the court forbids you from meeting your child it will be extremely hard for you to undo the situation. Such an occurrence might be prevented by employing a lawyer to present evidence which will cast you in a positive light. Visitation rights for fathers are an issue that the state needs to revise carefully because a father is as important in procreating a child as the mother. The verisimilitude of love between Mother Mary and her child can be compared to the image of Jesus with his million followers where Jesus stands to be the father and his followers, his offspring.

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Alick Anderson has published 3 articles. Article submitted on September 11, 2013. Word count: 522

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How to Deal With an Ex Who Withholds Child Visitation?

When you can't afford child support, it puts you in more than a financial and legal bind. It can also cause problems with your ex. often ex-spouses do not or choose not to understand that the non-custodial parent's financial situation may change. They often will deny you visitation because you are unable to pay child support. It is important to understand your rights in this matter. If you are being denied visitation, then you should get legal counsel and advice.

When the custodial parent refuses to cooperate with the court-ordered visitation schedule, he or she may cite a number of reasons for doing so. They may claim that the child does not wish to see you, or that they do not have to give you visitation if you are not paying child support. Neither of these are legally sufficient excuses for withholding visitation. The Court will think about denial of visitation at least two ways:

(1) Is the party denying visitation intentionally violating a Court Order; and,

(2) Is the denial of visitation in the best interests of the minor children?

Occasionally, a bona fide medical emergency could be a legally valid reason to temporarily deny visitation, as the reason for granting the visitation in the first place was to protect the interests of the children. Most of the time, the reason(s) given why Court Ordered visitation is denied will not be legally sufficient. Do not be intimidated. You have a right to see your children on the times and dates outlined in your Custody Agreement. A family lawyer or child custody Attorney can offer you legal counsel in regard to how to resolve your custody situation. It is important to follow some general guidelines, both for legal reasons and for the welfare and safety of your children.

First, evidence really does matter in Court, so get some. Try to get your ex to correspond with you in writing via email or text messages, and if your ex sends you that email or text that says essentially "I will not obey the Court Order", please keep that for use in Court. When your ex tells you that he or she will not allow you visitation during your Court Ordered visitation times, it is important that your fulfill your end of the agreement by showing up at the times and places for visitation, as outlined in your custody agreement. Bring a credible witness with you, if possible, who can verify that your ex was not present or that he or she refused you visitation. It has been seen that many non-custodial parents simply give up when their ex threatens to withhold visitation. This is not a good strategy, because your ex will almost certainly later deny not allowing you visitation, and the bad parent regularly claims that you just did not show up during your visitation time. Lack of evidence to support your case will undermine your chances in Court.

Second, although it is important that you show up for your visitation days and times, do not make a scene when your ex refuses visitation, especially if the children are present. If you yell, scream, make threats, or even worse, lay a hand on your ex, he or she may be able to get a Restraining Order, despite the fact that you had a legitimate right to be angry with him or her. This will allow your ex to position you as an aggressive person and possibly as a bad parent. Remember, your ex is intentionally refusing to obey a valid Court Order, and this one fact should tell you all you need to know - your ex cannot be trusted. An experienced San Jose divorce lawyer will tell you that parties who intentionally violate valid Court Orders tend to be the parties who are the most likely to lie under oath, and the most likely to exaggerate anything, if they can do so to their advantage. That means you should be very much on guard for any form of trickery, and the value of having a reliable third party witness with you simply cannot be overstated. Remaining calm, and handling this potential Contempt of Court matter like a reasonable adult will not only help demonstrate to the Judge that you are a reasonable person, but also that you have the best interests of the children in mind.

Third, do not let too much water go under the bridge. If you allow the other party to bully you for too long, the Court might start to wonder whether a new status quo has developed. Children's memories do not run as long as those of adults, and many months without seeing one parent can take an already weak emotional bond and sever it. The reason you want to see your children is to maintain that bond. Act quickly. After only a few visits have been missed (and you have your proof ready) then file a Request for Order to go to Court without further delay. Nothing speeds up settlement with bad parties faster than the threat that they will have to face the Judge soon. Finally, seek legal advice as soon as possible.

Tom Stutzman is a San Jose Family Law Attorney with over 36 years of experience in handling family law matters, including numerous acrimonious move away cases. Tom Stutzman can help with divorces, child support, custody and visitation right , restraining orders, prenuptial agreements, and more.