Knowing Your Missouri Fathers Rights Regarding Custody and Visitation
Fathers’ rights are technically the same as mothers’ rights, according to the law. However, fathers sometimes face unique obstacles during custody situations. Consult with a Missouri family law attorney to help you understand the details.
Missouri Fathers’ Rights Regarding Child Custody
Due to the high rate of divorce, many have begun to explore the rights they have as fathers when it comes to family planning, joint custody, and raising a child. A father’s rights can include parenting a child, being consulted before adoption, his name on the child’s birth certificate, and taking paternity leave from work to form a father-child relationship. Making the right choice of a lawyer is an important aspect of ensuring decisions are made in the best interests of the child, as well as the custodial and non-custodial parent.
To obtain proper advice and representation to protect your father’s rights and the interests of the child when dealing with the custodial parent, reach out to Masterson Law and begin developing a good attorney-client relationship. It will increase your chance of maintaining meaningful contact with your biological children after a separation or divorce.
What Are Required Father Rights in MO
Things like choosing to have a baby, deciding if abortion is an option, and raising a child can have lasting effects on both parents, married or unmarried parents, not just the mother. If the mother is thinking about putting the baby up for adoption, the father has a right to petition the court for custody. However, if a father cannot stop a pregnancy from being terminated through abortion, if he does want an abortion and the mother carries to term and chooses to raise the child, he may be responsible for paying child support to the other parent. However, he will also have visitation rights in some cases. Though a controversial idea, some believe the father should not be financially or legally responsible for a child he did not want.
When it comes to paternity leave, it has been proven that the entire family benefits from a father taking time off to help care for a newborn. To ensure bonding time, the federal Family and Medical Leave Act (FMLA) lets a parent take up to twelve weeks of unpaid leave when a child is born or adopted. Some states offer paid paternity leave to cover the cost of not working to take care of a baby.
If you are a father struggling with a family law situation, a knowledgeable advocate with dispute resolution experience can offer a variety of resources important for deciding divorce child custody cases.
Fathers’ Rights in Missouri With a Court Order
When a man wants to enforce his fathers’ rights in Missouri, the child’s paternity case must first be established. The state assumes the child’s paternity when the parents are married, and the child was born within 300 days of the marriage ending, even if the marriage was considered invalid or the father died.
In case the role of a legal and biological father is not assumed, additional steps must be taken to establish paternity. Paternity can be established voluntarily when both parents agree on who the father is. Any of the following can be done to confirm paternity:
An affidavit can be filed by the parents stating who the father is.
The father can put his name on the baby’s birth certificate.
The father may need a written admission from the mother to file with the court.
The father can pay for medical-related expenses during pregnancy.
The father can support the child.
If either the mother or father disagrees on whether the man is the father, the court can establish paternity, or genetic testing may be used. The testing would confirm or rule out if a man is a father. He can request it through the Missouri Family Services Division. Then they will put the appropriate court order regarding child custody and visitation in place.
MO Fathers’ Rights Advocates
In the eyes of the law, fathers’ rights include a legal obligation to care for their children. This means he should take action to care for any children, including their physical, emotional, and financial well-being. He also has legal rights regarding custody, visitation, and child support.
Now, fathers are more active in their kids’ lives even after a divorce in Springfield, and the courts welcome and support custody arrangements that involve both parents. Namely, Missouri family law is gender-neutral and believes no one parent is better or more qualified based on gender. They think it is in the child’s best interest to have contact with both parents.
MO Fathers’ Rights Movement
The MO Fathers’ Rights Movement is an action where members are interested in family law as it applies to parental rights, custody, and child support. Many members are fathers who equally share parenting duties with the mothers. Women are also members.
Since the 1970s, divorce laws have recognized fathers as equal parents and have the same rights as mothers, which led to the emergence of the custody battle. Though it is described as a social movement, members believe the actions they take better make them part of the civil rights movement.
MO Fathers’ Rights Attorneys
Any father going through custody or paternity disagreements should contact a skilled family law attorney specializing in fathers’ rights. They can help explain what these rights include and how state law influences his case. Also, child custody lawyers can help you get your desired outcome so you can spend more time with your child.
If you are going through a divorce case and want to file for child custody while protecting your rights as a father in Missouri, it is advised to work with a skilled attorney who has subject matter knowledge.
What Are Father’s Rights When Mother Wants to Move
What are a father’s rights when the mother wants to move and they have shared custody? The non-custodial parent must be notified of the move by certified mail at least sixty days ahead of time. Missouri family law is specific about what information he has to include:
The moving parent’s new address or the city in which they are moving.
If known, the moving parent’s new phone number.
The intended date of relocation.
A statement detailing why they are moving the child.
A proposed revision to the visitation or custody schedule.
The non-relocating parent has thirty days to outline his or her objection to the move in writing. If there are no objections, or they are not turned in within thirty days, this important decision will likely be permitted.
Fathers Rights If Mother Has Full Custody
A father has certain rights if the mother has full custody. If there is a material change in circumstance, court orders regarding paternity can be changed. That could happen if one or both parents remarry, relocate, or something that impacts the child mentally, emotionally, or physically occurs. You can request an emergency, temporary change of custody when something happens to endanger the child. It could be granted until a court hearing takes place. A judge looking at the case will consider evidence of changed circumstances if they follow the court-ordered plan.
Child Custody and Fathers’ Rights
In the state of Missouri, a father has rights to child custody and child visitation. When sole custody is awarded to one party, they get exclusive legal custody over the child, and this can only be challenged in a Missouri court. If shared custody is granted, the parents make decisions together, share responsibility, and split time as equally as possible. Many states assume children thrive when both parents play a major role in their lives, and shared custody is what is best for the child. Search for a legal representative to fight for the child’s best interests and the rights of the mother and father.
For information on other ways to discuss important decisions regarding the health and well-being of your children, contact a reputable family law attorney for a consultation for child support and custody issues.