Elkton Fathers Rights Lawyers
In cases of divorce, fathers have the same right to custody, child support payments, and visitation as the mother; although a common misconception is that these circumstances fall in the mother’s favor. While going through the process of a divorce, the father should always make themselves aware of his rights to the children of the relationship, and realize that they are entitled to the same rights of the mother.
Maryland Divorces with Children
It is estimated that around 17% of Maryland’s children, on average, are affected by divorce. Divorces involving children are often more complicated than those that are not because each parent will want equal time and equal rights to their children through custody and visitation. These cases are overseen by family court systems, and visitation, child support, and custody of the children will be decided by way of Maryland family law.
Shared custody is often most desirable, as it gives equal custody to both the father and mother of the children, allowing them to have an equal influence from both parents while being brought up. Fathers in the state of Maryland should be aware that shared custody is an attainable option in divorces involving children, and that they can have an equal amount of time with their children as the mother.
If custody or visitation rights cannot be agreed upon, a court may order that the divorcing couple go through mediation to come to a custody agreement. The standard in Maryland is the ordering of 2 mediation sessions between the mother and father of the child or children, and if an agreement is still unable to be made the mediator in charge may be able to order more sessions from the court. During the course of mediation, the legal process of custody stops until the couple is able to come to a custody agreement.
There are attorneys in Maryland who specialize in fathers rights and making sure that the fathers of children have an equal opportunity to see and raise their children as the mother. If a father is involved in a nasty divorce where custody agreements are having difficulty being met, it is recommended that they seek the assistance of one of these attorneys in order to better learn their given rights as the father to the children at the center of the disagreement.
Visitation Rights for Fathers
If the mother of the children is awarded custody, the father is still entitled to visitation rights. This means that, while the children reside with the mother, the father has the right to visit the children and remain an influence in his, her, or their lives. A custody or visitation lawyer in Maryland can aid the process greatly and ensure that proper visitation agreements are being made that allow the father ample access to his children. While custody agreements are ongoing, visitation may be court ordered, but after a custody agreement is met it is typically the responsibility of the parents to decide what visitation will be awarded. If the mother of the children forbids the father his right to visitation, he may then take the mother of the children to court with the help of a visitation or custody lawyer to ensure he has a fair amount of time with his children.
Cases of Child Relocation
There are times that the mother of the children may wish to move with the children to a location that is far from where the father resides, and fathers have the right to try to keep their children close. In the state of Maryland, the mother of the child must notify the courts of the intended move a minimum of 90 days before the expected move is set to occur, and the father has his right to defend his access to the children if they are being moved a large enough distance away that it will create a significant obstacle in their relationship. The mother will have to prove that the move is in the child’s best interest in some way, and the father may bring up his own concerns in court.
These relocation cases may involve out of state relocations or distant in state relocations, and they should always be handled by a custody attorney. In court, a father will want to make the courts aware of his concern that the move will have a negative impact on his relationship with his children, as well as just how the children will be affected by moving such a great distance from their father. It has been proven that children are most likely to lead happy and successful lives when two parents are regularly present in their upbringing, and a father should know that they have the same rights to the child as the mother in these situations.
These cases of relocation will often have no solution that will appease both parents, making these cases particularly messy. It is important that a father remains aware of his rights during the course of the process and makes his concerns known with the assistance of his family law attorney, as this will help him to achieve an outcome in his favor. Fathers should take note of all relationships that may be stressed by relocation, including relationships with other family members, counselors, therapists or other important people in the children’s life, and use these factors as well as his own relationship concerns to benefit him in his relocation opposition plea.