Fathers are often stressed out about child custody. They don't know what rights they have to watch their child. Fathers often ask us if they have any legal rights.
Fathers often fell for deceitful or misinformation from their ex-partners, family members, or work colleagues.
This article is intended to clarify the situation and give fathers who are separating from their children an understanding of their rights with respect to their children.
Fathers have the right to make decisions about their child
The top family lawyer Sydney gives parents (i.e. Fathers, mothers, and fathers are given a positive and genuine responsibility to ensure that their children's educational, financial, and medical needs are met.
This is called parental accountability. Each parent is responsible for their children's welfare.
Parents can share parental responsibility if they divorce. Or, the responsibility for parenthood can be shared between parents.
This means that a couple cannot unilaterally decide on important matters such as education, travel, medical care, and so forth, if they divorce. Without the consent of the parents of the children.
The law requires that parents who have separated must meet together to discuss, brainstorm, and resolve the most pressing issues using a child-centric approach. Parents must come to a common agreement about the best way to communicate with their child custody lawyers.
This is actually much easier than it sounds. Parents will naturally have different parenting styles and goals when they divorce. However, fathers have the right to make decisions about their children's future.
Sometimes the situation becomes so stressful that the parents become in conflict with each other or suffer from ineffective communication and long-term conflicts. In such cases, the Court will only assign one parental obligation to each parent. All children are under the control of one parent. The long-term health and well-being of children is up to the parents.
The latest case
We represented the father, a 10 year old girl. After fifteen years of marriage, he had separated from his ex-partner. Without consulting with him, the ex-partner decided to enroll the child in the school, which was one hour from the home where our client lived.
The school was advised that the client call them to discuss his concerns about child custody. We filed a court application. We obtained an order that allowed our client to share the same parent liability. This would allow our client to be involved in the decision-making process regarding the education of his daughter as well as other important issues.
Fathers have the right to see their child
Family law states that a parent or mother cannot reside with their child or spend time with them. Talk to your child.
It is important to realize that your right to be with, talk to, and live with your child is paramount.
This may sound odd, as many of us have witnessed and experienced our parents being not only obligated to care for us and to take care us, but also having rights over us.
Parents and fathers are not allowed to visit their children in the case of separation or divorce. The right belongs to the child.
Children want to see both their parents, no matter if they're married or divorcées.
When deciding if child custody is beneficial, children must be able to live with, communicate with, and be with grandparents, parents, and any other extended family members. We must also consider the rights of the children to have close and meaningful relationships with their parents. But, most importantly, we must take into account the right to feel secure and protected when they are living with, talking to, or spending time together with any parent.
This includes their current relationship with their father or mother, and if they are old enough, their preference for spending time with, or keeping in touch with their parents.
This is why children need fathers!
You don't need to be a social scientist or an expert in relationships to see that children need both their mothers and their fathers. It is well-known that children who have positive and balanced relationships with their fathers are more likely to be happy.
• Higher levels of cognitive and social excellence
• Positive emotional regulation
• Positive self-esteem
• Positive interactions with siblings and peers
• Schools perform better
Children raised without fathers or with no contact with them often feel a sense of loss and longing. Children who miss their fathers may look for father-figures in adult relationships, and they might feel a deep sense of disidentification that can affect their happiness in the long term.
Fathers have the right and obligation to make sure their children succeed in life, and to participate in decisions that will impact their education and future well-being. These tips will be helpful for fathers going through divorce.
Tip No. 1
You must ensure that the relationships you have built with your children over many years are not lost in the event of a split or separation. This can be normal for fathers of young children. They haven't had the time to build a relationship or bond with their child emotionally. It is not a reason to worry. Keep in mind that your relationship will begin when the child is ready. Be there for the child and be willing to build it.
Tip No. 2
Spend time with your children if you have it. Focus on them, and don't let them get involved in the fight between you and their mother. Children are not capable of handling this and should not be forced to. While they are under your care, children must feel safe and secure. They should also be able have fun with you.
Tip No. 3
Your children will be influenced by you. Your influence and presence in your children's lives are important. An education course on divorcing can help you heal and find ways to interact with your ex-spouse.
Separation and divorce, especially when children are involved can be difficult emotionally and full of legal complications. Fathers have a right to provide high-quality, caring parenting for their children.
Call us at 61 283999 1800 if you need assistance.
Pamela Cominos, the principal of Cominos Family Lawyers, is Pamela. She is passionate about protecting children from conflict and is an unwavering advocate for children and families who desire to have the best relationships possible.