Visitation Rights for Fathers

Divorce or separation of a married couple is not exactly a very pleasant thing to go through. The couple involved might have had bitter experiences of each other and cannot tolerate each other. However, at the back of their mind, divorce must be shattering them. The problem further becomes more complicated and precarious if there is a child involved. Divorce leads to another legal issue of custody of the child. This is when visitation rights comes into picture if the custody is with the mother. There are specific rights for either of the non-custodian parents. The following text is all about rights of the father in such a case.

Overnight Visitation Rights

Visitation or 'Contact' as it is called is what it is according to legal jargon. The term access was superseded by this 'contact' word. This pertains to the fact that a parent may not necessarily get the custody of the child. A child would be allowed to only reside or just have a contact with a parent. So overnight visiting rights for a parent are given. Sometimes the parent is also allowed weekend or holiday visitation. The time and date or day is decided and fashioned by the court. In case the parties agree to the time, the court then enforces it. The court decides the nuances if both the parties do not agree to the idea, for instance. Overnight visitation can happen if the father is not close by or not living in the same town. For which there are different set of rights. If the mother does not allow the kid to meet the father, in the stipulated visitation, he can again turn to the court to claim his rights. In extreme court cases, denying contact with child can even qualify for a custody.

Rights for Fathers Living Out of State

To start with, one of the custodial rights according to the US family related law says that if the child is 13 years of age or around the same, he or she has the right to choose with whom he or she wants to stay. Then it could even be the father who might even be living out of state. Of course it depends on a particular state's law regarding the issue. A father staying out of state may also be allowed a visit without a supervision. However, just because he is not giving financial child support, the mother cannot refuse to let the child meet him. Likewise, it does not mean that if the mother is adamant and not letting the father meet the child, he should not provide the financial support for the child.

Other Laws

In addition to this, some states allow relocation for the parents with physical custody, then it might be the next town or even a different country all together. Moreover, alteration in visitation rights can be justified if the parent having custody has made changes in his/her lifestyle which can be potentially harmful for the child. An example of the state-regulated family laws can be given with regards to Texas family laws. The family court law in Texas lays down that non custodial parents, fathers too, have the right to access their children's academic and health records. In addition to this in Texas, the parent having the custody cannot deny access to the child for court ordered visits with the other parent.

This was the basic essence of rights for non-custodial fathers. Eventually if the parents can keep their differences and egos aside for the sake of the child, I feel that it will be in the best interest for the child. As it is the child who will suffer and will be deprived from getting love from both the parents.