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Porter Law Firm: Protecting Fathers’ Rights

There is a common misconception that mothers have more legal rights over their children than fathers do. If you’re a father going through a divorce, paternity suit, or child custody case, you have equal rights as the child’s mother. At Porter Law Firm, we specialize in fighting for fathers’ rights in Ogden, UT. We know how important it is for a child to have their father in their life. We work hard to preserve unmarried and divorced fathers’ rights and ensure they get the time they need with their children. Call our experienced fathers’ rights attorneys today to schedule a consultation and discuss your options.

Understanding Your Rights as a Father – Married or Not

Whether you are married or not, you have rights as the father of your child. Before hiring a father’s rights divorce attorney, you should be aware of your rights as a father in these areas:

  • Custody – Courts award two types of custody in divorce and custody cases: legal custody and physical custody. Physical custody refers to the parent with whom the child lives the majority of the time. Physical custody can be awarded to the mother or father, with the other parent having visitation time. Physical custody can also be split between both parents. Legal custody refers to the rights each parent has to make important decisions about the child’s welfare: upbringing, religion, schooling, medical care, and other important issues. The court will determine whether you have physical custody, legal custody, or both, as well as how much parenting time you’re entitled to.
  • Visitation – The parent who doesn’t have physical custody of the child can be awarded a certain amount of visitation time. There can be restrictions or stipulations put on this time; for instance, whether the visitation time is supervised or unsupervised, whether overnight visits are okay, and whether you can take the child out of state. Most parents create a visitation schedule based on how much parenting time is awarded to each one.
  • Child Support – If you don’t have primary physical custody of your child, you may be required to pay child support. The amount of child support you pay will depend on your income and the amount of parenting time you have with your child.
  • Relocation – Relocation refers to one or both parents’ rights to take the child out of state or relocate to a new home in a different state or country. Because relocation would affect one parent’s parenting time with the child and affect their relationship, they should have a legal say in whether they consent to relocation.
  • Adoption – Once paternity is established, you have the right to consent as to whether or not your child is put up for adoption. You also have to consent if the child’s mother wants her spouse or partner to adopt the child.

When You Need a Father’s Rights Attorney to Establish Paternity

Fathers' Rights Lawyer in Ogden, UT

Divorced Father’s Rights vs. Mothers’ Rights

If your divorce case or custody case proceeds to trial, the court is more likely to award physical custody to the parent who has historically spent more time with the child – whether it is the mother or father. If you are an involved father with a stable income, job, and clean record, you have every right to fight for equal, or split, physical custody of your child. A fathers’ rights lawyer can give you the best chance of a successful outcome in court. Most judges agree that it is in a child’s best interests to have equal time with both parents, as long as there is no incontrovertible proof that one parent is unfit or a danger to the child.

Father's Rights Attorney in Ogden, UT

Physical Custody & Rights

Physical custody refers to who the child lives with. The mother or father can be granted primary physical custody by the court, or they can split physical custody. If physical custody is split, or shared, both parents have the same rights when the child is in their care. If only one parent is awarded physical custody, the other parent is entitled to a certain amount of visitation or parenting time. The parent with parenting time has the right to make general day-to-day decisions regarding the child. Even fathers who don’t pay child support have the right to parenting time; however, parenting time can be denied or restricted for any parent who has a history of physical abuse, or substance abuse, or who may be a danger to the child.

How a Fathers’ Rights Lawyer Helps With Legal Custody

A father’s rights attorney can help you fight for legal custody of your child. The court can award joint legal custody, in which case both parents would have to agree on major life decisions. When this is the case, parents often have to involve a lawyer or mediator to help them agree on these decisions. If a father is awarded physical custody, he will likely also be awarded legal custody. He may also have legal custody if he has visitation or parenting time. A father’s rights divorce attorney can also help you protect your right to live in the marital home during the divorce proceedings. This will ensure you still have time with your child while the divorce is being finalized. If you are unwed, a father’s rights attorney can help you establish paternity so you can begin fighting for your right to see and parent your child.

Schedule a Fathers’ Rights Case Review at Porter Law Firm

Call us today or contact us online to schedule a fathers’ rights case review in Ogden, UT. Our team has decades of experience in custody, paternity, and divorce cases, and we are committed to fighting for fathers’ rights. Don’t enter into any legal agreement regarding custody, parenting time, or divorce proceedings until you have them reviewed by a competent, experienced fathers’ rights attorney.

Set Up a Consultation with Our Compassionate Team Today